SHRA and EHRA Non-Faculty Temporary Employment Procedure

Title

University of North Carolina at Chapel Hill Procedure for SHRA and EHRA Non-Faculty Temporary Employment

Introduction

Purpose

This procedure outlines the requirements related to the University of North Carolina at Chapel Hill ("UNC-Chapel Hill" or “University”) Policy on SHRA and EHRA Non-Faculty Temporary Employment.

Scope

This Procedure applies to temporary SHRA and EHRA Non-Faculty employees (“temporary employee”).

Procedure

An SHRA and EHRA Non-Faculty temporary employee is an employee in a temporary appointment for a limited term. Following are the types of temporary appointments at the University.

Temporary Employee

 The department HR Representative takes the following steps when hiring a SHRA and/or EHRA Non-Faculty Temporary employee:

1. Enter the position number for the temporary position on the Job ePAR.
2. Enter an Expected Job End Date that is no later than twenty-four (24) consecutive months from the hire date.
3. Ensure that the temporary employee signs the Conditions of Employment for SHRA and EHRA Non-Faculty Temporary Appointments.

The department HR Representative takes the following steps after an employee is hired as or becomes a temporary employee:

1. Using the Temp 31-Day Break Compliance report in ConnectCarolina, monitor the employees’ hours to track progress towards the twenty-four (24) month time limit and mandatory break. Supervisors will receive auto-generated reminders 60, 30, 7, and 1 day prior to when the mandatory break must be taken.
   1.  At least 30 calendar days prior to an employee reaching the twenty-four (24) month time limit, a written notice will be emailed to the temporary employee that a 31-calendar-day break (31-day break) is required using the Notice to Temporary Employees of 31-day Break form.
   2. Ensure that the employee takes the mandatory separation (31-day break) following twenty-four (24) months of continuous employment on time if hour thresholds have been exceeded. If the break is not a full 31 calendar days, this does not satisfy the mandatory break period.
   3. If the employee will terminate prior to their Expected Job End Date or the required 31-day break, then submit the Job ePAR (Update Existing Job form type) in ConnectCarolina. If the Expected Job End Date matches the effective date of the required break, then the system will auto-terminate the employee on the Expected Job End Date. If the Expected Job End Date is greater than the effective date of the required 31-day break, then they will automatically be terminated on the required termination date.
2. Rehire an employee following the mandatory 31-day break:

1. Initiate a job posting:
   1. If the employee will be rehired less than 60 calendar days after the 31-day break ended, use the waiver reason “Temp employee returning to same dept within 60 days of completing their 31-day break” in PeopleAdmin
   2. If the employee will be rehired more than 60 calendar days after the 31-day break ended, you must complete the standard recruitment process before rehiring the employee.
   3. Ensure that the employee receives, signs, and returns a new Conditions of Employment (COE) for SHRA and EHRA Non-Faculty Temporary Employees form. If the temporary is in a student job code, they are a student employee. If they are not a temporary student employee , they will need to attest to this on the COE.
   4. Complete a Job ePAR (Hire/Add Job form type) to hire the individual into a temporary employee position. Attach the signed COE to the temp Job ePAR. 

State and Non-State Retiree Temporary Employee

The department HR Representative takes the following steps when hiring a State or non-State retiree temporary employee:

1. Prior to hire, determine if the employee is a state or non-state retiree.
   1. If the individual is a state retiree, ensure that the retiree indicated that they are not available for, nor seeking permanent employment, and are drawing a retirement income and/or Social Security benefits by initialing the COE.  Departments are strongly encouraged to limit the hours worked by a State of North Carolina retiree temporary to less than 30 hours per week to avoid issues with the retiree’s health coverage. Please note: non-state of North Carolina retirees are eligible to apply for permanent employment. 
2. Complete the Job ePAR (Hire/Add Job form type):
   1. On page 2 of the form, select ‘Retiree per Conditions of Employment.’ Failure to properly designate retirees as such in ConnectCarolina at the time of hire could result in the employee being subject to the 31-day break in service requirement.
3. Student-Related Temporary Appointments. Student employees are not subject to appointment term limits and can retain student employee status for the duration of their academic program. If a person is primarily a student and employment is merely incidental to student status, then that person is a “student-employee.” Conversely, if a person is primarily an employee and enrollment is merely incidental to employee status, then that person is not a “student-employee.”

Background Check Requirements

1. Background checks are required for new temporary employees, external non-UNC-Chapel Hill temporary student employees (if over the age of 18 and enrolled at a high school or higher education institution), and for those returning after a break in service. Background checks are not required for temporary employees without a break in service.  
2. A background check is not required for Internal UNC-Chapel Hill Students when they meet certain exemptions. Please refer to the Background Check Policy for Employees and Affiliates for additional information.
   1. Internal UNC-Chapel Hill Students: Students who are currently enrolled at the same institution at which they are also working are not subject to appointment term limits. If a student graduates or does not re-enroll but continues temporary employment, then the student temporary assignment must be terminated and the former student hired as a temporary employee subject to the term limits defined in this procedure. Student status is retained during academic breaks. (Note: Certain student temporary workers enrolled at the institution may be exempt from FICA withholdings under IRS rules).
   2. External Non-UNC-Chapel Hill Students: Students who are actively enrolled as a high school student, community college student, or student at a college or university that is not the institution at which they are seeking employment are not subject to appointment term limits. As an option, the HR Representative may have the student complete the External Student Enrollment Certification form.

Termination

1. Appointment End Dates. At the time of hire, the hiring manager may set an expected appointment end date. The end date is the last day the temporary employee is authorized to perform work for payment. All temporary appointments are at-will and may end at any time regardless of any planned appointment end date.
2. Appointment Extensions. The hiring department may extend a temporary appointment beyond any expected end date subject to any limitations defined in this procedure less than a combined twenty-four (24) months. All extensions must be issued in writing and signed by the employee prior to the employee continuing the temporary appointment.
3. Initiate a Job ePAR (Update Existing Job form type) and update the Expected Job End Date accordingly. This date may not exceed the Required Term Date in the Temp 31-Day Break Compliance Report, if applicable.

Recordkeeping

The HR Representative must attach the COE to the Job ePAR.

For more information, refer to the University of North Carolina at Chapel Hill SHRA and EHRA Non-Faculty Temporary Employment Policy.

Definitions

Please refer to the Definitions section of the SHRA and EHRA Non-Faculty Temporary Employment Policy.

Related Requirements

External Regulations

• Office of Human Resources Temporary Employment Policy
• State Human Resources Act (General Statute 126)
• NC Administrative Code (25 NCAC 01C.0405)
• Office of State Human Resources Appointment Types and Career Status Policy
• US Department of Labor Child Labor Provisions of the Fair Labor Standards Act
• US Department of Labor Hazardous Jobs for Minors
• US Department of Labor Minimum Wage

University Policies, Standards, and Procedures

• University of North Carolina at Chapel Hill SHRA and EHRA Non-Faculty Temporary Employment Policy
• University of North Carolina Records Management Policy
• Policy on Prohibited Discrimination, Harassment and Related Misconduct
• Policy on Background Checks for Faculty and Non-Faculty Employees, Student Employees, and Affiliates
• SHRA Direct Hire Temporary Compensation & Wage-Hour Administration
• Hiring Temporary Employees
• Notice to Temporary Employees of 31-day Break Form

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

Contact: EHRA HR

Telephone: 919-843-2300

Contact your school division consultant for questions.