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Dual Employment
Subject: DUAL EMPLOYMENT/SECONDARY EMPLOYMENT
Section: HR
Part: Policy
Statement: 11
Effective Date: 3/21/01
- Secondary Employment
- External Professional Activities for Pay
- Conflicts of Interest and Commitment
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:
- The actual work and any related travel time will be performed outside of regularly scheduled working hours, and that
- 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:
- A University employee on paid leave may not be paid additionally for services performed for the University.
- 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:
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. - Commuting expenses are not reimbursable.
- Nine-Month Employees:
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:
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. - 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:
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:
All payments to the parent agency must include the following:- Payment for employee’s services;
- Employee’s social security contributions computed on the amount of (a)
- 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:
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:
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. - 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.
- 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.
- 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:
- The permission of the University Chancellor and/or the teacher’s immediate supervisor is implied and need not be documented.
- The rate of pay and the amount of any related expenses must be agreed upon in writing in advance.
- 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.
- 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.
- The borrowing institution makes payments for services from a line item titled “instructional Contractual Services.”
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.
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.