Subject
DUAL EMPLOYMENT/SECONDARY EMPLOYMENT
Section
HR
Part
Policy
Statement
11
Effective Date 3/21/01
Dual Employment
Secondary
Employment PDF (Download
Acrobat Reader)
External Professional Activities for Pay
Conflicts of Interest and Commitment
Return
to Policies & Procedures
Definition
Dual Employment occurs when one State agency secures the
services of an employee of another State agency on a part-time, consulting, or
contractual basis. As a State agency, the University is subject to all rules and
regulations set forth by the Uniform Sate-Wide Policy on Dual Employment whether
it is borrowing the services of an employee of another State agency or lending
the services of one of its employees.
Applicable
Employees
The State-Wide Policy on Dual Employment applies to all
State Employees both subject to and exempt from the provisions of the State
Personnel Act and to all State agencies. It
does not apply to employees in the public school system nor to employees of
institutions in the community college system.
Employees in these systems are not State employees; they are employed by
local boards of education and local boards of trustees.
Between University
Departments
A situation very similar to Dual Employment and treated in
much the same way occurs when an employee of one University department provides
services for another University department on this campus.
This additional work must be performed outside the employee’s normal
work hours to insure payment for services.
For those employees Exempt from the Overtime Provisions, an acceptable
hourly rate must be agreed upon. hose
employees Subject to the Overtime Provisions are paid on the basis of the
combined number of hours worked during a workweek, and such payment must be in
accordance with the minimum wage and overtime provisions.
Approved
by Personnel:
Any proposal to establish a Dual Employment arrangement I
the University, whether as a borrowing agency or as a lending agency, or to
secure the services of an employee of another University department, must have
the prior approval of the Personnel Office.
Approvals
Chancellor:
The University Chancellor must give approval in writing
when a University employee is to perform services for pay for another State
agency.
Supervisor:
In any case of services performed for pay for a borrowing
agency during a University employee’s “own time”, the employee’s
immediate supervisor must certify in writing that:
1.
The actual work and any related travel time will be performed outside of
regularly scheduled working hours, and that
2.
The employee will not use “University time” to prepare for the
services to the borrowing agency,
Instructional
Services:
The permission of the University Chancellor and/or the
teacher’s immediate supervisor is implied and need not be documented when dual
employment occurs for regular-session instructional services (not
applicable to summer school)
Payment
for Services
Payment for services received under a dual employment
agreement is made within the following guidelines:
1.
A University employee on paid leave may not be paid additionally for
services performed for the University.
2.
It is assumed that certain officials will make appearances and speeches,
which are in fact a part of their normal duties, and such officials should not
except to be paid for these occasions.
Rate:
3.
The rate of payment must be agreed upon in advance and may not be
increased merely because additional funds become available.
Neither are retroactive payments permissible to persons who have already
performed services without compensation.
4.
Commuting expenses are not reimbursable.
Nine-Month
Employees:
5.
An employee under contract to an educational institution for an academic
year (normally, nine months) is ordinarily considered to be a free agent during
the summer, even though the employee may be paid on a twelve-month basis
Pay
Agency:
6.
All payments for services must be made by the borrowing agency directly
to the parent agency of the employee borrowed and not to the employee.
7.
All payments for dual-employment services must be made from Contractual
Services line items. The Office of
State Budget gives favorably consideration to requests to transfer budgeted
funds from Salaries and Wages line items (Permanent and Temporary) to
Contractual Services if needed.
Travel
Expenses:
8.
Employee’s travel and/or subsistence expenses, if any, incurred in the
performance of services for the borrowing agency, is paid directly to the
employee by the borrowing agency. (Commuting expenses excluded.)
Payable
Items:
9.
All payments to the parent agency must include the following:
a.
Payment for employee’s services;
b.
Employee’s social security contributions computed on the amount of (a)
c.
Employer’s retirement contribution on the amount of (a) above, if
applicable. This is applicable when
the borrowing agency is merely supporting a portion of the employee’s regular
salary; it is not applicable for additional compensation beyond the employee’s
regular salary.
Negotiable
Expense Items:
Subject to negotiation between the two agencies, payments
may include an amount for the overhead expenses of the lending agency, to cover
administrative and other indirect costs. It
may also include amounts for direct costs incurred by the parent agency, such as
identifiable related expenses for clerical and duplicating services.
No
Additional Pay:
10.
If the work (including preparation) is performed during the
employee’s regular work schedule (normally 8:00 to 5:00, Monday through
Friday), and the employee is not on leave, the employee may not
under any circumstances receive additional pay.
Additional
Pay:
11.
If the work (including preparation) is performed outside the
employee’s regular work schedule, the employee may receive additional pay in
accordance with the minimum wage and overtime pay provisions.
12.
If a straight-time employee is on authorized leave from regular duties
with the parent agency, the employee may be paid for the extra work in
accordance with the minimum wage and overtime pay provisions.
13.
In all cases of additional payment to an employee, the parent
(lending) agency must make the payment to the employee as an addition to the
employee’s regular pay.
14.
The parent agency will budget and receive all payments from the borrowing
agency as agency receipts, in a line titled “Payment for Employees on Loan”.
Instructional Services
When a dual employment agreement covers regular-session
instructional services where the teaching covers one or more courses for an
entire academic period (quarter or semester), payment for services received is
made within the following guidelines:
Payment
Guidelines:
1.
The permission of the University Chancellor and/or the teacher’s
immediate supervisor is implied and need not be documented.
2.
The rate of pay and the amount of any related expenses must be agreed
upon in writing in advance.
3.
Any additional salary payment made to the on-loan teacher for outside
instructional services may be paid out of the Salaries line item carrying the
teacher’s regular contract salary.
4.
If the parent institution would suffer a loss as a result of the loan of
a teacher, the amount of the teacher’s total compensation being supported by
the parent institution is adjusted.
5.
The borrowing institution makes payments for services from a line item
titled “instructional Contractual Services.”
[Return
to Top]
External
Professional Activities for Pay
Constituent
institutions of The University of North Carolina are required to submit a
summary report annually on faculty and professional staff who engage in External
Professional Activities for Pay. Faculty, deans, chairs and directors of
administrative units who plan to engage in external professional activities for
pay for the 2001-2002 academic year must file a Notice of Intent. (The
file of the policy and form can be found on the FSU Academic Affairs web page.)
The Notice of Intent form is to be submitted only if faculty or professional
staff are engaging in external profession activities for pay. Notices of Intent
from faculty must be sent to the department head and dean for
signature for final submission to the Provost.
[Return
to Top]
Conflicts
of Interest and Commitment
The
second form which must be completed annually by all FSU employees (SPA
and EPA) is the Conflicts of Interest and Commitment Disclosure Form.
This policy requires disclosure of situations in which financial or other
personal considerations may compromise, may involve the potential for
compromising, or may have the appearance of compromising an employee's
objectivity in meeting university duties or responsibilities, including research
activities. All FSU employees, SPA and EPA, must complete a Conflicts
of Interest and Commitment Disclosure Form. In addition to the
annual disclosure at the start of each academic year, employees are required to
resubmit the Conflicts of Interest and Commitment Disclosure Form at anytime
during the academic year when a new situation might entail conflicts of
interest. Each unit is to collect a disclosure for from each employee
in the unit and submit the forms along with a complied list to the Office of
Human Resources. Deans will collect for the college/school, and
administrators will collect for their units.
[Return
to Top]
|
