University Policy
Title
University of North Carolina at Chapel Hill Policy on SHRA Temporary Employment
Introduction
Purpose
The purpose of this policy is to outline State of North Carolina (“State”) and University of North Carolina at Chapel Hill ("UNC-Chapel Hill" or “University”) requirements for SHRA temporary employment.
Scope
This Policy applies to:
- SHRA temporary employees (“temporary employees”).
This Policy does not apply to:
- EHRA non-faculty and faculty employees
Policy
Policy Statement
University departments may establish and utilize temporary appointments to fill a workforce need for a limited period.
University departments must adhere to all applicable rules, statutes, laws, and guidelines, including the State Human Resources Act (General Statute 126), North Carolina Administrative Code (25 NCAC 01C.0405), the mandatory separation requirement, and the Affordable Care Act, when employing temporary employees
There are two ways to hire a temporary employee at the University:
- via the nextSource/VNDLY platform (includes University Temporary Services (UTS))
- placing the temporary employee directly onto the UNC-Chapel Hill payroll
Temporary Employment Provisions
A temporary employee is employed for a limited duration, which must not exceed eleven (11) consecutive months with limited exceptions.
Temporary employees do not:
- earn leave, including sick leave and vacation leave;
- receive total state service credit;
- earn retirement credit;
- earn career status.
Temporary employees are ineligible for the following:
- severance pay;
- priority reemployment consideration;
- promotional priority, or;
- allowed to grieve a disciplinary action and may be separated at any time during their appointment.
Temporary employees may be eligible for certain pay increases or incentive payments depending on the funding source.
Regular Temporary Appointment
A SHRA regular temporary employee is an employee on a temporary appointment, for a limited term, which must not exceed eleven (11) consecutive months.
This appointment type includes:
- individuals who are not a student,
- less than half-time UNC students who are taking less than six (6) credit hours for undergraduate or three (3) credit hours for graduate students,
- students at other universities or colleges and high school students.
State of North Carolina and Non-State Retiree Temporary Appointment
A retiree temporary appointment is an employment status for individuals who are drawing a retirement income and/or social security benefits. State policy allows retirees in temporary appointments to work beyond eleven (11) consecutive months as long as the employee certifies on the Conditions of Employment that they are not available for or seeking permanent work, and they have benefits through the employee's retirement plan or Social Security.
Employees who retire from the State and receive a pension through the State are limited in the salary amount they can continue to receive as a temporary employee for the State. State retirees should contact Office of Human Resources (OHR) Benefits Services for additional information on income limits.
Departments are strongly encouraged to limit the hours worked by a retiree temporary employee to less than 30 hours per week.
UNC Student Assistant Appointment
A UNC Student Assistant appointment is an employment status for individuals who are currently enrolled as a half-time or more student at UNC-Chapel Hill. Half-time enrollment is defined as taking at least six (6) credit hours for undergraduate or three (3) credit hours for graduate students.
Mandatory Separation Requirement (31-Day Break)
When a temporary employee reaches eleven (11) consecutive months from the most recent date of hire, the employee must be separated from temporary employment at the University. This is called a mandatory separation requirement, which is also known as a 31-day break (31 calendar days).
The mandatory separation requirement for students applies as follows:
- full-time UNC students who are taking at least twelve (12) credit hours (undergraduate) or nine (9) credit hours (graduate) are exempt from the eleven (11) month employment limit and mandatory separation requirement.
- when a UNC student falls below full-time credit hours, they are immediately subject to the eleven (11) month employment limit and mandatory 31-day separation requirement.
- part-time UNC students who are taking at least six (6) and up to eleven (11) credit hours (undergraduate) or at least four (4) and up to eight (8) credit hours (graduate) are subject to the eleven (11) month employment limit and mandatory separation requirement.
Because the University is considered one employer, the mandatory 31-day separation must be from the University, not just from one department. The employee cannot be hired into another temporary appointment of any kind with the University including through nextSource/VNDLY, during the 31-day break. Any variance from this requirement will result in the employee being required to take an additional mandatory 31-day break in service.
Failure to properly designate a retiree as such in ConnectCarolina at the time of hire will result in the employee being subject to the 31-day break in service requirement.
Departments that anticipate their need for temporary staffing will last beyond the eleven (11) month employment limit should contact their Classification and Compensation Consultant in the Office of Human Resources to discuss options for establishing a time-limited, part-time, or full-time permanent position with applicable benefits or other appropriate options.
If a department’s business needs require the services of a replacement temporary employee during the mandatory 31-day break or they have questions about using the nextSource/VNDLY platform, the department should contact the nextSource Program Team at unc-ch@nextsource.com for assistance. They can also reach out to the UNC Purchasing department at purchasing@unc.edu with any questions regarding the process for hiring temporary employees through nextSource/VDNLY.
Mandatory Separation Exemption Examples
No Mandatory Separation Exception
Jane is a new temporary employee. Her appointment began on July 1. She is not retired, a full-time student, an intern or extern. Jane can work as a temporary until May 31 of the following year (11 consecutive months later). If her first day of being separated from employment is June 1, Jane must be separated from the State of North Carolina temporary employment through July 1 (31 calendar days later). She is eligible for re-employment as a university temporary on July 2 (the 32nd day).
Consecutive Temporary Appointments
Joyce is not retired, a full-time student, intern, or extern. She works as a temporary in the Biology department for six months. Joyce then transfers to a different temporary assignment with the Chemistry department without being separated for 31 calendar days. She may work for five more months in her new assignment and then must be separated from temporary employment.
Concurrent Temporary Appointments
Sherry is a regular temporary employee working in Biology and Chemistry at the same time. She began work in Biology on 1/1/2020 and began work in Chemistry on 3/31/2020 (two different effective dates). The eleven (11) consecutive months began on 1/1/2020 when she initially began work in Biology (the earliest effective date).
Student Graduates from UNC
Mike is hired into a temporary position while enrolled at UNC as a full-time student. Mike works for fifteen (15) consecutive months without being separated because he is in an exempted student category. Confirm with Mike if he will be graduating from UNC in the Spring. When Mike graduates, the department must terminate him because his exemption has ended, and he has already worked beyond eleven (11) months. If the department wishes to continue employment, they can rehire Mike as a regular temporary after he completes the required 31-day break.
Student Full-time Status Ends
Sarah is a full-time UNC student and has been employed as a temporary for eleven (11) consecutive months by the end of the Fall semester. She is enrolled for the upcoming Spring semester, but only part-time. Since Sarah is no longer a full-time student for the upcoming semester and has worked for eleven (11) consecutive months, she must be separated immediately and take a 31-day break because her exemption has ended.
Continuing Student
Rob is a full-time UNC student and has been employed as a temporary for eleven (11) consecutive months by the end of the Spring semester. He is enrolled for the Fall semester as a full-time student but is not taking summer classes. Rob may continue to work throughout the summer without separating because of his full-time enrollment in the Spring and the Fall. If Rob’s Fall semester full-time status changes during the summer, he must be separated immediately and take a 31-day break because his exemption has ended.
Age Limitations
Consistent with federal and state law and University policy, the University does not practice or condone age discrimination. Even so, there are certain circumstances under which age limitations may lawfully apply for employees (including temporary employees), such as:
- individuals must be at least 16 years of age to be considered for temporary employment.
- law enforcement officers must be at least 21 years of age, as required by state law.
Importantly, there is no maximum age for employment.
For employees under the age of 18, the specific duties to be performed must comply with the Child Labor provisions of the Fair Labor Standards Act. Employees under age 18 may not work more than nine hours per day, 48 hours per week, or six consecutive days per week; nor may they work before 6:00 a.m. or after 12:00 midnight.
Additionally, employees under age 18 may not work in occupations declared hazardous by the Secretary of Labor. Of particular interest to all departments are the Hazardous Orders prohibiting the employment of minors 16 and 17 years of age in such activities as:
- truck driving (operator or helper);
- roofing operations;
- operating any hazardous equipment or machinery; or
- handling, storing, or being exposed to radioactive substances or ionizing radiation.
Violations may result in penalties or fines from the Federal and/or North Carolina Department of Labor.
Minimum Wage
The minimum hourly rate for SHRA regular temporary employees of the State of North Carolina must be at or above the State minimum wage, which is $10.61 per hour.
The minimum hourly rate of pay for student employees is $7.25 per hour (the Federal minimum wage rate established by the Department of Labor).
Background Check
Refer to the Policy on Background Checks for Faculty and Non-Faculty Employees, Student Employees, and Affiliates for more information.
Definitions
Full-time student: Undergraduate students taking at least twelve (12) credit hours or graduate students taking at least nine (9) credit hours are considered full-time students.
Mandatory separation requirement (31-day break): When a regular temporary assignment reaches eleven (11) consecutive months from the most recent date of hire, the employee must be separated from temporary employment at the University. This is called a mandatory separation requirement or 31-day break (31 calendar days).
nextSource/VNDLY: the University contracts with nextSource to provide temporary employment service management utilizing the VNDLY tool. These services include finding temporary employees to fill University roles. Such employees are employed by outside temporary agencies and not by the University. To access the nextSource/VNDLY platform, go to Self Service in ConnectCarolina and click on the “nextSource-3rd party staffing” link in the Useful Links tile.
Non-State of North Carolina retiree: An individual drawing a retirement income from a private company, the military/federal government, or any other state retirement system and/or social security benefits.
Part-time student: any UNC student who is enrolled less than full-time is considered a part-time student (undergraduates taking less than twelve (12) credit hours or graduate students less than nine (9) credit hours).
Regular temporary employee: a SHRA regular temporary employee is an employee on a temporary appointment, for a limited term, which must not exceed eleven (11) consecutive months. This includes less than half-time UNC students who are taking less than six (6) credit hours for undergraduate or three (3) credit hours for graduate students, students at other universities or colleges and high school students.
State of North Carolina retiree: An individual who retires from the State of North Carolina and receives a pension through the State. These individuals are limited in the salary amount they can continue to receive as a temporary employee for the State. State retirees should contact Benefits Services in the Office of Human Resources for additional information on income limits.
Related Requirements
External Regulations
University Policies, Standards, and Procedures
Contact Information
Temporary Employee Posting and Hiring Questions
Contact: OHR Direct-Hire Temporary Coordinator (OHR Employment)
Telephone: 919-843-2300
Email: employment@unc.edu
Temporary Employee Classification and Compensation Questions
Contact: OHR Classification & Compensation
Telephone: 919-843-2300
Temporary Employee Mandatory Separation Requirement (31-day break) Questions
Contact: OHR Direct-Hire Temporary Coordinator (OHR Employment)
Telephone: 919-843-2300
Email: employment@unc.edu