Occasional or Sporadic Employment Regulation 621
|Regulation 621||Approved: February 17, 2011|
|UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Occasional or Sporadic Employment Regulation
|Source of Authority:||North Carolina Office of State Human Resources|
|History:||First Issued: February 17, 2011|
|Related Policies and Regulations:||Office of State Personnel Manual § 4, p. 106-07;
Additional Employment Regulation 601;
Dual Employment Regulation 606;
Overtime Regulation 623;
Payroll Regulation 307;
Secondary Employment Regulation 626
|Responsible Offices:||Human Resources Department|
|Effective Date:||February 17, 2011|
This regulation outlines circumstances under which an SHRA employee who is subject to the overtime provisions of the Fair Labor Standards Act will be compensated separately for work performed at UNCSA outside of their regular, primary job for work that is determined to be occasional and sporadic.
This regulation applies to all UNCSA SHRA employees, including probationary, permanent, and time-limited who are subject to the overtime provisions of the Fair Labor Standards Act (FLSA).
A. If an employee subject to overtime compensation under FLSA works occasionally or sporadically on a part-time basis, solely at their option, in a different capacity from their regular employment, the hours worked in the different job shall not be combined for the purpose of determining overtime compensation.
B. To qualify as “occasional or sporadic” employment:
1. the work must be infrequent, intermittent, irregular or occurring in scattered instances, rather than continuous or regular;
2. the employee must freely and solely at their own option enter into such activity;
3. the employee’s decision must have been made without coercion or fear of reprisal; AND
4. the work assignments must not be within the same general occupational category as the employee’s regular work.
C. Regular part-time jobs where the employee works scheduled hours will not qualify under this provision.
D. Teaching of a course for a full term is NOT “occasional and sporadic” employment.
V. Revision History
A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Occasional or Sporadic Employment Procedures
I. Consultation with Human Resources
A. Any department considering occasional or sporadic employment of a current UNCSA SHRA employee must first contact the Department of Human Resources to discuss whether the work qualifies as “occasional or sporadic” employment.
B. Only after preliminary approval by the Director of Human Resources a department may proceed with the occasional or sporadic employment approval process.
II. Authorization. Before engaging in any type of occasional or sporadic employment, the requesting department must obtain a completed “Occasional or Sporadic Employment Request” form with the signature approvals of:
A. Requested employee’s department head;
B. Head of the requesting department;
C. Budget; AND
D. Director of the Human Resources Department.
III. Requests. Requests for approval must be prepared and submitted by the requesting department and must contain:
A. Justification for Proposed Occasional or Sporadic Employment:
1. requesting department;
2. date of the request;
3. description of the assignment;
4. identification of the knowledge, skills, and abilities needed to accomplish the assignment; AND
5. description of the efforts to recruit a temporary employee possessing the needed skills and abilities.
B. Employment Arrangement for Proposed Occasional or Sporadic Employment:
1. beginning date;
2. ending date;
3. work schedule;
4. hours per week; AND
5. hourly rate of pay.
C. Proposed UNCSA Permanent Employee Information:
2. classification title;
3. employee certification;
4. department name;
5. current duties; AND
6. work schedule.
D. Approval Signatures:
1. head of employee’s department;
2. head of requesting department;
3. Budget; AND
4. Director of Human Resources.
IV. Approval Process
A. The Occasional or Sporadic Employment Request is completed by the requesting department and initially approved by the head of that department.
B. The requesting department will forward the form to the employee’s home department for certification by the employee and review and approval of the department head.
C. After approval, the form will be forwarded for approval by Budget
D. Following all approvals, the form is submitted to HR for final review for compliance and approval.
V. Payment. Payment for occasional or sporadic employment is processed using a separate timesheet with the applicable rate of pay and will be processed on the month end permanent employee payroll.