4-OP-C-7-H Other Personal Services (OPS)

Responsible Executive:​ Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 23, 2018

Last Revision Date: 10/19/2016; readopted 1/1/2014

  1. INTRODUCTION
    1. This policy applies to the OPS pay plan, which is reserved for temporary employment used for completing short term or intermittent tasks. OPS employment is at-will and employees may be separated from employment at any time without notice or reason for termination. Layoff rights do not apply.
  2. POLICY
    1. OPS employees must be hired at or above the State and/or Federal minimum wage, whichever is higher.
    2. OPS employees are covered under the Family and Medical Leave Act, Americans with Disabilities Act and the Workers Compensation Law. OPS employees are subject to all non-discrimination and sexual harassment policies and procedures.
    3. OPS employees are not covered under the Florida Retirement System. Some OPS employees (based on average hours worked) may be eligible for the staff/faculty insurance group plans.
    4. OPS employees are eligible for enrollment in the State Deferred Compensation Annuity Program (457) and the 403b Tax Sheltered Annuity program. OPS employees that do not have another affiliation with FSU may be subject to mandatory enrollment in the FICA Alternative Plan 401(a).
    5. 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.
  3. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
    1. The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
      1. Florida Constitution Article IX, Section 7;
      2. Sections 110.131, 1001.706(6)(a), Florida Statutes;
      3. Florida Board of Governors Regulation 1.001(3)(j) and (5)(a);
      4. Florida State University Board of Trustees Regulations FSU-4.001, FSU-4.0015.
    2. 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-H1 OPS (A and T) JOB CODES

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 23, 2018

Last Revision Date: 10/19/2016; readopted 1/1/2014

  1. INTRODUCTION
    1. This policy applies to OPS (A and T) job codes whose appointments are paid from Other Personal Services (OPS) funds. These appointments should be temporary in nature and have a designation of being exempt or nonexempt from the Fair Labor Standards Act (FLSA).
    2. (Reference OP-4-C-7-H2 for Graduate Assistant Appointments or 4-OP-C-7H3 for Federal Work Study Appointments).
  2. POLICY
    1. OPS job codes and descriptions are maintained by the Office of Human Resources. Employees should be appointed to an OPS job code that best matches the duties associated with the temporary assignment.
    2. There are a limited number of OPS exempt job codes that may be used upon approval by Human Resources. An OPS Position Description must be completed and submitted to Human Resources to ensure the job meets the duties and/or salary test outlined by the FLSA. Work should not commence until Human Resources has approved the OPS exempt designation.
    3. OPS Job Codes are preceded by an “A” or “T’ modifier. The “A” modifier should be used when appointing an FSU student who will be working less than 40 hours in a work week. The “T” modifier should be used for all non-student employees or FSU student employees working 40 hours or more in a work week.
    4. All OPS appointments are subject to successful completion of all applicable new employee forms. Potential employees must also furnish original work authorization and/or identity documents. Work should not commence until all completed forms and documents have been furnished to the department and subsequently submitted to Human Resources.
  3. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
  • The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
    • Florida Constitution Article IX, Section 7;
    • Sections 110.131, 1001.706(6)(a), Florida Statutes;
    • Florida Board of Governors Regulation 1.001(3)(j) and (5)(a);
    • Florida State University Board of Trustees Regulations FSU-4.001, FSU-4.0015;
    • Fair Labor Standards Act, 29 U.S. Code Chapter 8; Immigration Reform and Control Act.
  • 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-H2 GRADUATE ASSISTANTS

  1. INTRODUCTION
    1. 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. 
  2. POLICY
    1. 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.
    2. 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.
        1. GRADUATE ASSISTANT JOB CODES
          1. M9182 Graduate Research Assistant - Stipend 
          2. 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.
          3. Example: A student doing research in a lab or a library.
          4. Z9185 Graduate Assistant in Professional - Stipend 
          5. 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.
          6. W9185 Graduate Assistant in Teaching - Stipend 
          7. 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. 
          8. Examples: Graders, tutors, recitation leaders, lab supervisors, and assistants to faculty instructor.
          9. M9184 Graduate Teaching Assistant - Stipend 
          10. 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).
          11. Examples: A graduate student having full instructional responsibilities for a credit class.
          12. M9183 Graduate Teaching Associate- Stipend
          13. This Graduate Teaching Associate shall assist in teaching function of a graduate course or co-listed course but is not the Instructor of Record and does not have primary responsibility for teaching.  Examples include but are not limited to, tutors, recitation leaders, laboratory supervisors, assistants to faculty instructions, or comparable roles for graduate-level or co-listed courses. Limited grading and instruction of graduate students are permitted as long as the supervising faculty member retains final authority over grades and provides supervision on instructional content.
             
        2. APPOINTMENT REQUIREMENTS
          1. Students appointed in these job codes with an appointment of 0.25 FTE or greater, must be enrolled full-time by the home department for a minimum of nine credit hours per semester. Academic deans or designees may grant exceptions to this policy (as allowable under the Waiver Management Manual) for graduate assistants in those departments which conform to national course load policies in their disciplines, or for other extenuating circumstances.
          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.
        3. WORKLOAD LIMITATIONS

          1. 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. Graduate Assistants are only exempt from FICA taxes for any given period if they are appointed less than 30 hours per week for the pay period in question.

            Departments shall permit outside employment or other activity to the extent that such outside employment or other activity does not constitute a conflict of interest, as defined in Section 7.2 (B) of the FSU-BOT-GAU Collective Bargaining Agreement.

        4. STANDARDS AND TRAINING REQUIREMENTS
          1. 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.
          2. 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
          3. Graduate Assistants conducting any type of research must receive Research Compliance Training as outlined by the Office of Research in the following link. Research Compliance Training.
        5. TERMINATIONS
          1. 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 FSU-UFF-GAU CBA. Therefore, before any termination, the department must contact the Office of Human Resources, Faculty Relations.
  3. 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

Responsible Executive:​ Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 23, 2018

Last Revision Date: 10/19/2016; readopted 1/1/2014

  1. INTRODUCTION
    1. Florida State University provides work for students with demonstrated financial need on campus, and with public agencies. The Federal Work Study Program (FWSP) 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 at the state or federal level, whichever is higher. The skills and abilities required in a specific position may call for higher wages.
  2. POLICY
    1. This policy specifies the methods and responsibilities for the administration of the Federal Work Study Program (FWSP). The objectives of the FWSP are:
      1. To provide a source of financial aid for students demonstrating financial need.
      2. To provide work experience which enhances the participants' education or career goals whenever practical.
      3. To provide services that otherwise would not exist to our Institution and to participating public organizations
        1. ELIGIBILITY
          1. All departments of Florida State University are eligible to participate in the Federal Work Study Program. A FWSP student, however, may not be placed in a position previously established for a regular employee.
          2. Off-campus public or private 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.
          3. 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 Office of Financial Aid.
          4. The FWSP student must also be capable of maintaining satisfactory academic progress in accordance with the standards and practices of Florida State University.
          5. An applicant must be accepted as a degree seeking student and enrolled in a minimum of six 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.
          6. 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.
        2. EMPLOYER RESPONSIBILITIES
          1. When a FWSP student is hired, the employer will be responsible for:
            1. Establishing clearly defined schedules of work that are convenient to both the FWSP student and the University. Work hours cannot interfere with class schedules.
            2. Informing the FWSP student of the exact duties and responsibilities of the job.
            3. Maintaining adequate supervision of the FWSP student 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 Office of Financial Aid).
            4. Monitoring FWSP student earnings to prevent earnings over semester FWSP award amounts.
            5. Submitting termination forms promptly to the Office of Financial Aid when the FWSP student terminates the work assignment or has earned the maximum of their semester award.
        3. PERFORMANCE STANDARDS
          1. 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 Office of Financial Aid for re-assignment or dismissal from the program. Supervisors are urged to take a personal interest in their FWSP students and to place continuing emphasis on the importance of dependability and initiative.
        4. APPOINTMENTS
          1. Prospective FWSP students must provide the interviewing department or agency with an employment authorization provided by the Office of Financial Aid. The hiring department is responsible for completing the form and all new employee documents with the FWSP student. The Office of Financial Aid will process the necessary forms to place FWSP students on the payroll.
        5. COMPENSATION RATE
          1. The minimum wage for FWSP students is that specified by the higher of state or federal minimum wage; the maximum wage is determined by the Director of Financial Aid within the maximum limitations imposed by the U.S. Department of Education.
          2. Information concerning current maximum and minimum wage levels may be obtained from the Office of Financial Aid.
        6. TIME RECORDS
          1. Each FWSP student must keep an accurate record of hours worked on an electronic or paper timesheet.
        7. HOURS OF WORK
          1. The FWSP work hours are arranged between the FWSP student and the employer. Generally, it takes 10 - 15 hours a week to earn the FWS award for a semester. FWSP Students should not work over the award amount, which is the Federal Work Study earnings limit. Work hours cannot interfere with the FWSP student's class hours. Students should not work more than 39 hours a week, including any combined hours for dual compensation arrangements (FWS/OPS).
        8. FWSP STUDENT ELIGIBILITY DURING THE SUMMER
          1. To be eligible for the FWSP during the summer, a student must be enrolled and attending at least half-time, six semester hours. Summer awards will be awarded only if funds are available.
        9. SEPARATION
          1. FWSP student appointment is at-will and temporary. FWSP students may be separated at any time and notice of reason for separation is not required. A termination action is to be completed for FWSP students who resign or are terminated from their jobs.
        10. BENEFITS
          1. FWSP students 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. FWSP students are subject to all non-discrimination and sexual harassment policies and procedures.
        11. SAFETY STANDARDS
          1. To be covered by Workers' Compensation, FWSP students 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.
  3. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
  • The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
    • Higher Education Act of 1965, 42 U.S.C. §§2751-2756b;
    • Florida Constitution Article IX, Section 7;
    • Sections 1001.706(6)(a), Florida Statutes;
    • Florida Board of Governors Regulation 1.001(5)(a);
    • Florida State University Board of Trustees Regulations FSU-4.001 and FSU-4.0015.
  • 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-H4 OPS ATTENDANCE AND LEAVE

Responsible Executive:​ Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 23, 2018

Last Revision Date: 10/19/2016; readopted 1/1/2014

  1. INTRODUCTION
    1. This policy applies to Other Personnel Services (OPS) job codes and provides attendance guidelines for this pay plan. This policy is supplemental to and complements the University's Attendance and Leave policies as well as any applicable collective bargaining agreements.
    2. 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.
  2. POLICY
    1. The workweek for Florida State University is from 12:00 a.m. Friday to 11:59 p.m. the following Thursday, except for those departments which have obtained authorization, in writing, from the Chief Human Resources Officer to use a different workweek.
    2. 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.
    3. Time spent by an employee who is subpoenaed or voluntarily produced to represent the University as a witness or as an individually named defendant within the course and scope of employment shall be considered time worked. Travel time to/from the location is also considered time worked. In some instances, the employee may be paid per diem and travel expense and, if so, shall be required to submit to the University any witness or mileage fees received from the court or opposing counsel.
    4. Time spent by an employee to attend meetings, conferences, or training that are required by the supervisor shall be considered time worked.
    5. OPS employees are not entitled to paid leave benefits.
    6. OPS employees may be eligible for 12 workweeks of unpaid Family and Medical Leave within a 12 month period in compliance with the Family and Medical Leave Act (FMLA) of 1993.
    7. A Telecommuting Agreement with the University is required for OPS employees who are working remotely. This agreement must be approved prior to the commencement of remote work.
    8. Employees may be allowed up to a 15-minute work break period during the first half and another 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.
    9. Meal periods, if authorized, must be at least 30 minutes long and are generally unpaid.
    10. OPS Exempt Employees:
      • Are appointed to exempt status in accordance with Fair Labor Standards Act requirements and are expected to work and are paid according to the standard hours of their appointment.
      • Are expected to work a minimum of 40 hours in a workweek and are not paid overtime.
    11. OPS Nonexempt Employees:
      • Perform work that is covered by the Fair Labor Standards Act and does not qualify for an exemption under the Act. They are eligible to receive payment for overtime at the rate of time-and-one-half their regular rate of pay for hours worked beyond 40 in a workweek.
      • Shall not be permitted to begin work before the established starting time or work after the established quitting time unless it is specifically authorized in advance by the supervisor.
      • Nonexempt employees must maintain an accurate daily and weekly record of hours worked on their employee timesheet. For Nonexempt employees, the hours worked will be rounded to the nearest quarter of the hour at the end of each day.
      • Should normally be supervised and shall not take work home.
      • Biweekly compensation will include only hours physically worked.
      • Should not engage in work-related duties during meal breaks.
      • 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.
  3. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
  • The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
    • Florida Constitution Article IX, Section 7;
    • Sections 110.131, 1001.706(6)(a), Florida Statutes;
    • Florida Board of Governors Regulation 1.001(3)(j) and (5)(a);
    • Florida State University Board of Trustees Regulations FSU-4.001, FSU-4.0015;

4-OP-C-7-H5 ONE TIME PAYS

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 23, 2018

Last Revision Date: 10/19/2016; readopted 1/1/2014

  1. INTRODUCTION
    1. This policy applies to OPS compensation for occasional or sporadic employment. One Time Pays should be reserved for employment that is short in duration, infrequent and/or irregular.
  2. POLICY
    1. One Time Pays must be paid from OPS funds; retirement credit will not be given.
    2. If the employee is already employed with the University, 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, and must be voluntary. A Dual Compensation Request Form must be submitted and approved before the work is performed.
  3. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
  • The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
    • Florida Constitution Article IX, Section 7; Sections 110.131, 1001.706(6)(a), Florida Statutes.;
    • Florida Board of Governors Regulation 1.001(3)(j) and (5)(a);
    • Florida State University Board of Trustees Regulations FSU-4.001, FSU-4.0015;
    • Fair Labor Standards Act, 29 U.S. Code Chapter 8; Immigration Reform and Control Act.
  • 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.