300.00 Employment Categories and Conditions

300.00 Employment Categories and Conditions

Subject:                              Personnel

Policy:                                Employment Categories and Conditions

Revised:                             January 8, 2010

Effective Date:                   January 8, 2010

Review Date:                     Three (3) years from Effective Date above.

Responsible Party:            Personnel and Payroll Services


 
  • Table of Contents
  • 310.00 Categories of Employee
  • 310.10    Reference
  • 310.20    Introduction and Purpose
  • 310.30    Employment Categories
  • 310.40    History

  • 320.00  Classified Temporary 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    Classified Short-term workers
  • 330.31    Utilization
  • 330.32    Compensation and Benefits
  • 330.33    Procedures for 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

310.10 Reference
·         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.    Classified Short-Term Worker – Classified short-term worker appointments should be used to fill short-term needs that do not exceed 90 days in a 12-month period.  A Classified Short-term worker is someone who:

(a)   is hired by MSU, without a competitive selection process, for an hourly wage established in accordance with the MUS Staff Compensation Plan, or appropriate Collective Bargaining Agreement;
(b)   may not work for MSU more than 90 days in a continuous 12-month period (beginning the first day of the first appointment);
(d)   may not be hired into a permanent MSU position without competing in an approved open and competitive selection process;
(e)      is not eligible for benefits (including annual leave, sick leave, holiday pay, and health insurance), and
(f)       may choose to participate in the Optional Public Employees Retirement System (PERS)

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 Temporary Fixed-Term – Classified Temporary Fixed-Term appointments should be used to accommodate the need for temporary personnel that will not exceed one calendar year (or less depending upon applicable collective bargaining agreement), or where the position is not intended to become permanent.  In no event shall the appointment exceed a period of one year.  Classified Temporary Fixed-Term employees may be union or union-exempt.  A Classified Temporary Fixed Term employee is someone who:

(a)        is hired by MSU, without a competitive selection process, for a wage established in accordance with the MUS Staff  Compensation Plan or appropriate Collective Bargaining Agreement;
(b)        for a definite period of time not to exceed 12 months (or less in accordance with applicable collective bargaining agreement) and with no expectation of employment beyond the period specified;
(c)        performs temporary duties or permanent duties on a temporary basis;
(d)        is terminated at the end of the employment period;
(e)        is not eligible for permanent status without competing in an approved open competitive selection process;
(f)        is eligible for annual leave, sick leave, and holiday pay (prorated in accordance with FTE or actual hours worked), and health insurance benefits if employed at .50 FTE or greater and for six (6) months or longer, and
(g)        is required to participate in the Public Employees Retirement System (PERS) if appointment is for 960 hours or greater, or may choose to participate in the Optional Public Employees Retirement System (PERS) if appointment is less than 960 hours.

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.

310.40 History
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.This modification approved by Legal Counsel on January 7, 2010.  

320.00 Classified Temporary Fixed-Term Employees

320.10 Reference
·         Section 2-18-101, "Temporary Employee," Montana Code Annotated.

320.20 Introduction and Purpose
The purpose of this policy is to provide detailed information regarding the usage of Classified Temporary Fixed-Term appointments.

320.30 Utilization
Classified Temporary Fixed-term appointments should be used to accommodate the need for temporary personnel that will not exceed one calendar year (or less depending upon applicable collective bargaining agreement), or where the position is not intended to become permanent. In no event shall the appointment exceed a period of one year.

A request for a Classified Temporary Fixed-term appointment must be reviewed and approved by Human Resources before an offer of employment or wage can be made to a prospective employee.  The position’s title, wage, overtime status, and union affiliation will be determined by Human Resources based upon the assigned duties in compliance with the MUS Staff Compensation Plan and/or applicable collective bargaining agreement.  No fixed-term position may be changed to a permanent position without a formal classification review and subsequent open competitive recruitment.

320.40 Compensation and Benefits
Classified Temporary Fixed-term employees must be paid the entry-low rate for the appropriate title (based upon the duties assigned to the position) in compliance with the MUS Staff Compensation Plan, or in accordance with the applicable collective bargaining agreement.
 
Classified Temporary Fixed-term 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 8 per day or 40 per week.  Agricultural workers are not eligible for overtime, but may receive straight time for hours worked over 40 per week according to the established practice in the department or research center and applicable collective bargaining agreement.

Classified Temporary Fixed-term employees are eligible for paid holidays (if the employee is in a pay status on the work day immediately before the holiday and paid time will be prorated according to FTE or actual hours worked in the month in which the holiday falls), annual leave and sick leave (also prorated in accordance with FTE or actual hours worked).  Eligibility for health insurance requires an appointment of at least .50 FTE or greater and for six (6) months or longer. Participation in the retirement program is mandatory if the appointment exceeds 960 hours in a fiscal year and optional if less than 960 hours in a fiscal year. 

 320.50 History

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. This modification approved by Legal Counsel on January 7, 2010.

330.00Temporary Employees

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.

330.20 Reference
·         Section 2-18-101, Montana Code Annotated.

330.30Classified Short-term Worker

330.31  Utilization

Classified Short-term appointments should be used to fill short-term needs that do not exceed 90 days in a 12-month period.  The 90 days may be worked consecutively, or may be an infrequent minimal number of days per month. The 12-month period begins the first day of the first appointment.    The duties assigned should be similar to those normally performed by classified employees.  A Classified Short-term worker may be appointed to a concurrent short-term position as long as the total number of days worked in all appointments do not exceed 90 days in a 12-month period.  A Classified Short-term worker may be appointed to subsequent 90-day appointments upon expiration of the first 12-month period.

Classified Short-term worker 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 Classified Short-term appointment.  If a department wishes to utilize any kind of temporary assignment for a permanent classified employee, Human Resources should be contacted to discuss appropriate options prior to the assignment of additional responsibilities.

330.32 Compensation and Benefits
Classified Short-term workers must be paid the entry-low rate for the appropriate title (based upon the duties assigned to the position) in compliance with the MUS Staff Compensation Plan, or in accordance with the applicable collective bargaining agreement.  Human Resources will assist departments in determining the appropriate title for Classified Short-term assignments.

Classified Short-term workers 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 8 per day or 40 per week. Agricultural workers are not eligible for overtime, but may receive straight time for hours worked over 40 per week according to the established practice in the department or research center.

Classified Short-term workers are not eligible for paid holidays, and do not receive health insurance, or leave benefits.

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:
 

  1. is paid an hourly wage;
  2. may not work for the same department for more than 90 days in a continuous 12 month period;
  3. is not eligible for permanent status;
  4. may not be hired into another position by the same department without a competitive selection process, and
  5. 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.

330.60 History

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. This modification approved by Legal Counsel on January 7, 2010.

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