Policies regarding Wage employees
|Policy Number||Policy name||Content|
|1403||A&P Faculty and Classified Staff Training & Development||
The purpose of this policy is to outline the university's commitment to the development of its employees by providing and encouraging participation in a variety of job-related training and development opportunities.
The university will invest in the professional development of its people.
Administrative & Professional Faculty (A&P faculty)
Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).
Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.
Work-Related Education and/or Training
This policy applies to classified staff, Administrative & Professional Faculty (A&P faculty), and wage employees.
Index of Terms
STATE OR FEDERAL STATUTE AND/OR REGULATION
Wage employees are not covered by the Virginia Personnel Act provided in section 2.2-2905 of the Code of Virginia. See Code of Virginia § 23-38.114 and the Restructured Higher Education Act (Chapter 4.10 of Title 23 of the Code of Virginia), as well as IRS code section § 4980H, Notice 2011-36.
Standard Measurement Period
Newly hired or rehired (separated for more than one year) wage employees shall be subject to a criminal background check in accordance with Policy 1321-Criminal Background Check.
Wage employees are expected to satisfactorily perform all assigned duties. While wage employees are not subject to formal performance evaluations, managers and supervisors will monitor wage employee performance and provide informal performance evaluation and coaching as needed.
6.1 All newly hired and rehired wage employees must be cleared for hire upon review of the Onboard Request form prior to their first day of employment.
Example: If an employee works two wage jobs at the university, s/he may only work a total of 1,500 hours in both jobs combined – 500 hours in one job and 1,000 hours in the other job.
In addition, wage employees may not exceed an average of 29 hours per week on average over the 12-month period May 1- April 30. Supervisors may allow wage employees to temporarily exceed the 29 hour limit provided this exception is planned for and approved by Human Resources.
6.3 All wage employees effective May 1, 2013 will have wage employee work hours counted on a 12-month basis, May 1 - April 30.
6.4 Wage employees may only remain active employees of record during the period of actual wage employment. Wage employees should not remain active in the Human Resources Management System (HRMS), and therefore retain any rights and privileges of active wage employees, for more than 60 days or four pay periods (whichever is greater) without having any hours worked entered into the payroll system. Exceptions to this are foreign language interpreters and part-time special event public safety officers. Such interpreters and officers who do not work in the prior 60-day period would be allowed active access to the HRMS.
6.5 On a monthly basis, Human Resources will notify supervisors of wage employees who have not worked any hours in the preceding 60-day period and who have been terminated from their wage position. Procedures in Policy 1314-Transfer or Separation from Employment will be followed.
Wage employees shall be paid only for actual hours worked.
The university generally pays the minimum sufficient to attract suitably qualified applicants for job openings. Inexperienced applicants normally should be hired at the minimum of the pay band. Applicants with experience related to the position may be hired at a rate higher than the pay band minimum with prior approval from Human Resources.
In most cases, the starting pay should not exceed the applicant's final pre-employment wage/salary by more than 10%.
Wage employees may receive wage increases granted by the Governor and/or the General Assembly. Wage adjustments will be made when advised to do so by the Virginia Department of Human Resource Management (DHRM).
Hiring supervisors may request additional pay increases for their wage employee(s) through the in-band adjustment process as outlined in Part VI of the Salary Administration Plan. To qualify to receive an in-band adjustment, a wage employee must have 12 months of continuous employment at the university and must have worked a total of at least 1,500 hours with at least 1,250 hours in the previous 12 months. Wage employee in-band adjustments will be determined on the same schedule as classified in-band adjustments. Approved in-band adjustments are funded by the requesting department.
Wage employees, except those who meet the criteria for exempt status, are considered non-exempt for the purposes of application of the Fair Labor Standards Act (FLSA) and must be paid overtime at the one and one-half time rate for hours worked over 40 in a work week in accordance with Policy 1303-Provisions for Granting Overtime and Compensatory Leave. Therefore, records of hours worked must be kept for all wage employees, regardless of their status.
Wage employees shall be allowed leave without pay for military service. When a wage employee returns from active military service, reemployment will be granted under the terms provided for in the United Services Employment and Reemployment Rights Act (USERRA).
Wage employees shall be paid only for hours worked and cannot accrue paid leave, compensatory time or overtime leave credits.
Wage employees who meet eligibility requirements may take the allowable weeks of unpaid family or medical leave as outlined in Policy 1308-Family and Medical Leave Act (FMLA).
Currently, wage employees cannot participate in the state's health insurance program, nor can they participate in life insurance, retirement, or other benefit programs. However, wage employees may participate in tax deferred compensation programs and AFLAC accident, cancer, critical care, hospitalization, and intensive care insurance.
Non-student wage employees, who meet the criteria, are eligible for on-campus waiver of tuition in accordance with Tuition Policies 1402 and 1405. Wage employees are not eligible for tuition reimbursement for courses taken at other educational institutions in accordance with Reimbursement Policy 1401.
Wage employees are not eligible to use the state grievance procedure. However, they may consult with the Office of Employment Dispute Resolution (EDR) concerning work-related problems.
Wage employees may file internal complaints alleging discrimination and harassment with the Office of Equal Opportunity in accordance with Policy 1324-Discrimination and Harassment. They also have access to the State Employees’ Discrimination Complaint procedures administered by the Office of Equal Employment Services of the Department of Human Resources Management. Mediation is also available to wage employees.
Vice presidents, deans, AVPs, directors, department heads and supervisors are responsible for the consistent application of this policy and are responsible for ensuring hours worked are consistent with this policy.
Human Resources will monitor the hours of wage employees and will assist supervisors with management of hours. Human Resources will notify hiring supervisors when their wage employee(s) have reached 1,200 hours within the measurement period.
The director of the Office of Equal Opportunity is the individual designated by the university to coordinate the institution’s compliance with Title IX and oversees the university’s process for receiving, investigating, and processing complaints under Policy 1324-Discrimination and Harassment.
Employees who violate this policy, particularly supervisors of wage employees who allow a wage employee to work more than 1,500 hours in the 12-month period, or to exceed an average of 29 hours worked per week during the Standard Measurement Period, are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment.
|1405||Faculty-Staff Waiver of Tuition Program for Degree-Seeking Course Work at JMU||
The purpose of this policy is to outline the university's tuition waiver program for degree seeking coursework at JMU in support of the university's commitment to employee development and fulfillment.
The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.
Non-Degree Seeking Coursework
Degree Seeking Coursework
Except where noted, this policy applies to full time employees, wage or part-time employees, and emeritus faculty and staff.
ROTC employees may enroll in credit courses pursuant to this policy.
Clinical faculty members and Cooperative Education Partners in the teacher education program who have earned 300 tuition exchange units may use the vouchers earned to enroll in any 3 hour credit course at JMU, except for courses with an "OP" section, where space is available with approval from the Education Support Center.
In support of James Madison University's commitment to the continued professional and personal development of employees, full and part-time faculty and staff, non-student wage employees and emeritus faculty and staff may enroll in James Madison University credit courses of instruction and have normal tuition or tuition deposit fees waived subject to the review and approval of their supervisor and within the terms of this policy.
The decision to pursue a JMU degree is a valuable privilege and benefit and represents a plan to commit a great deal of time to study and coursework. Before considering and approving an application for degree-seeking tuition waiver, the supervisor of the faculty or staff member applying for waiver must:
The taxability or non-taxability of tuition waivers for employees is based on the Internal Revenue Code and is subject to change.
The following eligibility restrictions and guidelines apply:
5.1.1 Full-time faculty and staff may apply for degree-seeking tuition waiver after one year of employment. In addition, full-time classified staff must have completed their probationary period to apply for degree-seeking tuition waiver.
5.1.2 Emeritus faculty and staff are eligible to apply for degree-seeking tuition waiver upon being granted the emeritus designation.
5.1.3 Full-time faculty members who are not under a summer teaching contract are eligible to apply for degree-seeking tuition waiver for courses taken during the summer semester(s) upon the approval of their supervisor and dean in the form of signatures on the tuition waiver form.
5.1.4 Part-time faculty members are eligible to apply for degree-seeking tuition waiver after two semesters of teaching and then for courses taken in any semester in which they have an active teaching assignment or in any semester that begins within six months following the last day of their last active teaching assignment. However, part-time faculty must have the signatures of both their supervisor and dean on the tuition waiver form whenever applying for tuition waiver.
5.1.5 Generally, non-student wage employees are eligible for two courses and two labs per calendar year.
5.1.6 Non-student wage employees are eligible for a degree-seeking tuition waiver after 2000 hours of employment and may apply for another tuition waiver after each subsequent 1000 hours. However, a wage employee's eligibility for waiver is not cumulative. Once a waiver is issued, eligibility will not exist again until the employee has worked another 1000 hours. (See exceptions below.)
(Example: A wage employee has worked 2425 hours since becoming employed or since the issuance of a previous tuition waiver. The employee is eligible for waiver. However, once a waiver is issued, the 2425 hours are 'zeroed out' and the wage employee must work an additional 1000 hours to be eligible for a subsequent waiver and then another 1000 hours to be eligible for another waiver, etc.)
5.1.7 Non-student wage employees, who have been continuously employed for at least two (2) years and who have worked at least 2000 hours over the course of the previous two (2) years, are eligible to have tuition waived for two courses and two labs per calendar year (one course and one lab per semester) each calendar year beginning with the semester after the two-year anniversary is reached.
5.1.8 Non-student wage employees, who are nine-month employees, (the job mandates a break in employment) are eligible for a waiver for two courses and two labs per calendar year (one course and one lab per semester) after their two-year anniversary. To be eligible they must have worked at least 2000 hours over the course of the previous two years. They are only eligible for a waiver of tuition for courses taken during the time they are actively working.
5.1.9 Employees classified as 'part-time non-teaching' are eligible to apply for degree-seeking tuition waiver for one class and one lab in any semester in which they are employed by the university. Typically, these employees are research assistants, computer lab assistants, etc.
5.1.10 Part-time administrative & professional faculty members are eligible for a waiver for two courses and two labs per calendar year in any semester in which they are employed by the university.
5.2.1 Applicants who are full time faculty or staff or emeritus faculty or staff may have tuition waived for up to two courses and one lab each semester and per summer.
5.2.2 Applicants who are part-time instructional faculty or part-time administrative & professional faculty may have tuition waived for up to one course and one lab each semester and per summer.
5.2.3 Employees enrolled in the iMBA program are allowed the following waiver limitations:
126.96.36.199 Tuition waived for two courses in quarters 1 and 3
188.8.131.52 Tuition waived for one course in each of quarters 2 and 4
5.2.4 Waiver of tuition is not authorized for private vocal or instrumental instruction or for non-credit courses.
5.2.5 Approval to register for a course and receive waiver of tuition is not authorized for courses offered during normal working hours except when the signing authorities have determined that the following criteria are met:
The course relates directly to the individual's assigned duties or is required for a degree-seeking student.
Absence from work to attend classes does not exceed a total of four working hours per week regardless of whether one or two classes are taken per semester.
Note about summer classes: Courses taken in May session and in the summer are generally longer in duration than courses in other semesters. Employees may request an exception to the above requirement from their supervisor. If approved by the supervisor, this exception must be noted on the tuition waiver form.
Note about leaves of absences: Occasionally, a course may require an extended leave of absence. This applies to such courses as practicums or internships. Tuition may be waived for such courses with the supervisor's and Dean/AVP approval of the leave of absence and if the employee returns to work following the completion of the course.
5.2.6 Emeritus faculty and staff who are not employed by the university must have their application for tuition waiver signed by a representative from the Provost.
5.2.7 An employee who resigns from employment or is terminated for cause during the period in which a course is being taken will be responsible for the full payment of all tuition and associated fees, regardless of whether a tuition waiver has been approved for the course.
5.2.8 This waiver does not apply to individual courses offered thru Outreach and Engagement or other self-supporting programs, except as provided by university policy. Waivers can be used for employees who are fully accepted into the Adult Degree Program. Waivers can also be used for employees who are fully accepted into a Certificate Program or a Degree Program if space is available and with approval from Outreach and Engagement.
5.3 Important Note Concerning Online Courses
The Board of Visitors has approved a special tuition rate for online courses.
If the online course could be taken in a standard classroom setting (at the regular tuition rate)
If the online course is not required for a particular degree program and not required by the supervisory the amount of tuition waived will not exceed the standard in-state per credit hour tuition rate.
Persons seeking a waiver of tuition for courses taken under this policy will:
1. Prepare the Waiver of Tuition Form.
2. At a minimum, both the supervisor and reviewer must approve the application for degree-seeking tuition waiver by signing the waiver form. Non-student wage employees must have the signature of their AVP or Dean on each Request for Waiver of Tuition as one of the required signatures.
3. Human Resources will affirm that the employee qualifies for degree-seeking tuition waiver and will then forward the processed Waiver of Tuition Form to the University Business Office for final processing and approval of the waiver to be applied to employee account. Tuition waivers will only be processed after the university's semester census date. Employees receiving a balance due bill after submitting a tuition waiver will have their accounts adjusted by the amount of the tuition waiver for which they quality.
4. Employees will be emailed a copy of waiver processed by HR to retain for their records.
5. Early processing of the Waiver of Tuition Form is strongly encouraged.
6. Taxable waivers are subject to state and federal withholding and social security and Medicare taxes and are based on the employee's taxable income. At the end of each semester, the University Business Office will provide Payroll Services a listing of employees that have received more than $5,250.00 (the amount generally exempt from taxation under Internal Revenue Code Section 127).Payroll Services will collect the appropriate taxes from each employee at the end of the semester in which the employee exceeds the exempt limit for non-job related tuition waivers. Employee's W-2 will include taxable waivers.
It is the responsibility of the employee and his/her supervisor to ensure that the requirements of the policy have been followed.
It is the responsibility of the employee to know and understand this policy regarding online courses. In the event that the employee is requesting tuition waiver for a course that does not qualify for full waiver under this policy, the employee will be responsible for payment of the balance of the tuition not waived.
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.
Application fees, special course or departmental fees, and readmission fees are to be paid by the employee.
This policy does not apply to nor address classes or courses taken at an institution other than James Madison University. For information about such courses, see policy 1401 - Tuition Reimbursement.
Employees of 'affiliates' such as Aramark, Follett or Pitney Bowes are not eligible for tuition waiver.
The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.
Previous Version: December, 2009
Index of Terms