Hours Caps for Part-Time Employees Policy
|Effective Date||January 28, 2014|
|Last Updated||September 26, 2016|
|Responsible University Officer||Donna Davis, General Counsel|
|Policy Owner||Diane Nelson, Director of Employment and Employee Relations|
|Policy Contacts||Liliana Rojas, Employee Relations Manager|
The maximum number of work hours per week authorized for the University’s part-time employees, including adjunct faculty and part-time staff, is limited to the hours caps set forth in this Policy. These hours caps have been established in order to maximize the University’s financial resources and are in alignment with the University’s collective bargaining agreements and industry best practices. Additionally, this Policy covers the University’s procedures for reporting hours worked by part-time employees to be in compliance with the Affordable Care Act (ACA).
Departments are not permitted to deviate from the provisions of this Policy, including hours caps, unless an exception is approved in advance of the assignment.
Reason for Policy
This Policy includes the standards governing part-time employee assignments. The Policy complies with wage and hour laws administered by the U.S. Department of Labor and the State of California. It also complies with the Internal Revenue Code and applicable Treasury Regulations published in response to the Affordable Care Act (ACA).
Who Should Read this Policy
Members of the Leadership Team, any University employee who is hired to perform services on a part-time basis, and the supervisors and Business Managers who supervise such employees.
This Policy does not apply to part-time, temporary employees hired through the University’s external employment agency, HR Options. Such individuals, although working on behalf of the University, are employees of HR Options and are subject to the employment policies of that agency. An individual may not be employed simultaneously by HR Options and the University unless approved as an exception to this Policy. Refer to Hiring Temporary Staff at USF for more information.
Maximum hours caps for part-time employees differ depending on their primary job classification as follows:
- PHP Adjunct Faculty: Preferred Hiring Pool (PHP) adjunct faculty assignments are capped at 29.75 hours per week. The hours cap is based on 8 units for teaching, including preparation, grading, and office hours, and 9.75 hours for non-teaching duties such as syllabi development and tutoring.
- Non-PHP Adjunct Faculty: Non-PHP adjunct faculty assignments are capped at 27.5 hours per week. The hours cap is based on 8 units for teaching, including preparation, grading, and office hours, and 7.5 hours for non-teaching duties such as syllabi development and tutoring.
- Staff: Part-time staff assignments are capped at 27 hours per week (i.e., a 72% time FTE). The hours cap applies to both Fair Labor Standards Act (FLSA) exempt and non-exempt staff employees who have part-time assignments.
If a part-time employee has more than one job with the University, the combined assignments may not exceed the maximum hours cap for the employee’s classification.
The maximum number of hours that University student employees may be scheduled to work per week is subject to separate hours caps. Refer to the Student Employment Policy for more information.
Any compensation received by a part-time employee in excess of their regular pay (i.e., the pay related to the employee’s primary job) is subject to the requirements contained in the Additional Pay Policy. Additional pay includes, but is not limited to, pay for non-teaching activities, out-of-classification assignments, work performed for another department, and stipends related to honorariums and certain non-earnings payments. Refer to the Additional Pay Policy for more information.
The hours of work, if any, associated with additional pay may not exceed the maximum hours cap for the employee’s classification when the hours are combined with the hours required for the employee to perform their primary job.
A request to exceed the maximum hours caps included in this Policy may be approved when necessitated by extenuating circumstances such as a temporary reduction in a department’s staffing or for other business reasons (e.g., a special project). For an adjunct faculty member, the request must be submitted in advance to the Provost and Vice President for Academic Affairs and the Associate Vice President, Human Resources, for their review and approval. For a part-time staff member, the request must be submitted in advance to the department’s Vice President and the Associate Vice President, Human Resources.
A request for an exception to this Policy must document the reasons necessitating the exception. If an exception is granted, the employee’s department may be assessed a higher fringe benefits rate on the wages paid to the employee.
Calculation of Teaching Hours
The number of work hours associated with an adjunct faculty member’s teaching assignment must be calculated by the department when the position is established in USF’s human capital management (HCM) system. For ACA reporting requirements only, the basis for calculating the hours of service per week is 2.5 hours for each unit taught (2.25 hours per unit for classroom teaching, including preparation and grading, plus .25 hours per unit for office hours). For example, 8 units of teaching is equivalent to 20 hours of work per week, per semester.
Any hours related to non-teaching activities or other additional pay must then be added to the adjunct’s teaching hours to determine the total hours per week required for the part-time assignment.
Reporting of Hours Worked
To comply with ACA reporting requirements, some employees must report their hours worked. Adjunct faculty with no additional pay assignments do not need to report their hours worked. The following reporting procedures apply to adjunct faculty with additional pay assignments and part-time staff, who must report their hours worked:
- Adjunct Faculty: Adjunct faculty must report actual hours worked when completing their timesheets for each additional pay assignment paid within that pay period. Hours reported do not affect pay and are used only for the collection of hours for ACA reporting requirements.
- Non-Exempt Staff: Part-time, non-exempt staff must report their total hours worked, in accordance with existing policy, when completing their timesheets.
Managers and supervisors are responsible for ensuring that an employee’s assignments do not cause the individual to exceed the hours cap for their position.
Documentation of Hours
The expected number of work hours for all adjunct faculty with additional pay assignments and part-time staff must be entered on the Electronic Personnel Action Form (EPAF) originated for the assignment. The total hours entered for the assignment must not exceed the maximum hours cap applicable to the position. The agreed to hours for the position should also be documented in the employee’s assignment letter or in other information provided to the employee describing the services to be performed.
A violation of any portion of this Policy may result in disciplinary action, up to and including termination of employment.
|Type||Name and Location|
|USF||Additional Pay Policy|
|USF||Collective Bargaining Agreements|
|USF||Student Employment Policy|
|External||IRS Final Regulations Implementing Employer Shared Responsibility Under the ACA for 2015|
|Banner System||The enterprise information system used to record the business activities of the University. The core system suite is made up of the Advancement, Finance, Financial Aid, Human Resources, and Student modules, and includes additional functionality in document management, job scheduling, reporting, and workflow.|
|Business Manager||A University employee, designated by the President, Vice President, Vice Provost, or Dean who is the financial manager for the University account(s) being used for the expense. This may include the President, Vice Presidents, Vice Provosts, or Deans.|
|Exempt Employee||A University employee who, based on duties performed and the manner of compensation, is exempt from the provisions of the Fair Labor Standards Act (FLSA). In general, exempt employees are paid a guaranteed minimum salary and perform exempt job duties as defined under FLSA regulations. Exempt employees are only required to report leave and not time worked.|
|Non-Exempt Employee||A University employee who, based on duties performed and the manner of compensation, is subject to the FLSA, including the minimum wage and overtime provisions of the law. Non-exempt employees are paid on an hourly basis; the number of hours worked in any given workweek is reported along with any leave time used.|
|Primary Job||An employee’s principal job with the University. Such positions may be either full-time or part-time. If an employee has a secondary job, the primary job should be determined based on such factors as the position with the largest percentage of time worked, longest duration, academic standing, etc.|
|HR Compliance||Diane Sweeney||(415) email@example.com|
|Payroll Services||Wanda Hicks||(415) firstname.lastname@example.org|
|Name and Location||Use|
|EPAF Information||Online form used to originate payroll transactions in Banner|
- Ensures that the total hours associated with a part-time assignment are recorded on the EPAF in accordance with this Policy.
- Ensures the part-time employees hired by the department do not work in excess of the maximum hours caps established for their positions.
- Ensures that part-time employees report their hours worked in compliance with this Policy.
Associate Vice President, Human Resources
- Reviews all departmental requests for an exception to the maximum hours caps set forth in this Policy.
Provost and Vice President for Academic Affairs
- Reviews departmental requests for an exception to the maximum hours caps applicable to adjunct faculty.
- Reviews departmental requests for an exception to the maximum hours caps applicable to part-time staff.
President, Vice Presidents, Vice Provosts, and Deans
- Ensure that part-time employees working in their divisions are in compliance with this Policy.