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Policies regarding Wage employees

Policy Number Policy name Content
1403 A&P Faculty and Classified Staff Training & Development

1. PURPOSE

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.

2. AUTHORITY

The Board of Visitors has granted the president responsibility for the university's effective operation, to include the development of its faculty and staff, and the authority to dictate policies and procedures in that effort.

The policy is also under the authority and in support of the following university defining characteristic:

The university will invest in the professional development of its people.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

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.

Professional Development
Participating in an activity - training event, workshop, conference, certificate program, literature review, etc. - for the purpose of learning and improving one's job performance.

Work-Related Education and/or Training
Education or training that is required by the university, law, or regulatory agency to keep present salary, status, or job. The required education must serve the functional purposes of the university. Or, education that maintains or improves skills needed in the employee's present job.

4. APPLICABILITY

This policy applies to classified staff, Administrative & Professional Faculty (A&P faculty), and wage employees.

5. POLICY

The university encourages and supports the professional development of employees to aid and improve job performance. Participation in job-related courses, workshops, seminars, conferences, and meetings directly related to the goals and objectives of the university will be supported as funding is available to enable high levels of job performance.

The university will provide assistance and guidance, through department heads and supervisors, to employees interested in increasing and maintaining their levels of job performance. The Training and Development Department will develop a wide variety of training opportunities and will also publish activities sponsored by the university and outside sources.

Participation in professional development is subject to supervisory approval and employee workloads.

JMU will not pay for training taken to meet minimum requirements of an employee's present job, or for training that is part of a program of study that will qualify the employee for a new trade or business.

6. PROCEDURES

The responsibility of approving or denying tuition reimbursement requests falls within the employee's department (see Policy 1401). However, Training and Development may be able to assist with the funding depending on availability and appropriateness.

Training and Development may reimburse employees for professional development activities toward job-related certification and licenses after the passing of the certification or license exam, based on active employment with JMU and availability of funds.

Advance payment or reimbursement for professional development, including job-related licenses and certifications, is at the discretion of the employee's department.

Using JMU Employee Self-Service (MyMadison), employees can maintain a record of all professional development activities managed by outside vendors. All internal trainings will be entered into MyMadison by the appropriate training department - i.e. Center for Instructional Technology (CIT), Training & Development, Information Technology Training, etc. Faculty and staff members are provided an opportunity to examine their professional development records in this self-service functionality.

A systematic review of training needs will be made periodically to assess the training and development needs of university administrative and professional faculty and staff members. Such assessments will provide the basis for planning and programming university training activities.

7. RESPONSIBILITIES

The Training and Development Department is responsible for developing and publicizing a variety of training opportunities based on its research of the needs of university staff, A&P faculty, and departments. The primary purpose of the Training and Development Department is to assist employees in improving their job performance.

Supervisors are responsible for encouraging those they lead to participate in training and to allow for scheduling flexibility that frees employees to be trained.

8. SANCTIONS

Employees who violate this policy are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Educational opportunities covered in Policies 1401, 1402, and 1405 are excluded from this policy.

Instructional Faculty members are not covered in this policy, nor are they under the purview of the Training and Development Department. Instructional Faculty professional development is addressed by the individual academic departments as well as such units as CIT and the Center for Faculty Innovation.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Training and Development.

Previous version: March, 2010
Approved by the President: May, 2002

Index of Terms

Training
Training opportunities

1325 Wage Employment

1. PURPOSE

It is the policy of the university to employ qualified persons for wage employment in order to meet personnel needs as outlined below. The objective of this policy is to define wage employment and to outline the conditions of employment for wage employees.

 
2. AUTHORITY
 
The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 

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.

3. DEFINITIONS

At-Will Employment
An employee/employer relationship that can be terminated by either party at any time with or without cause. An at-will employee may resign from work or be terminated from work, with or without cause, with or without severance, or without advance notice. Wage employees are at-will employees.

Harassment:
A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

Stability Period
The Commonwealth of Virginia’s Stability Period is July 1 through June 30 which is consistent with the Health Benefits Plan Year. The Stability Period is not of shorter duration than the Standard Measurement Period. JMU will treat employees as full-time or not full-time as determined during the Standard Measurement Period. 

Standard Measurement Period
Under the Affordable Care Act, JMU must identify a retroactive measurement, or “look back” period, in order to determine which employees will meet the Act’s definition of “full-time” employee, and must be offered healthcare coverage in order to avoid significant tax penalties. The Commonwealth of Virginia has determined the time period to be May 1 through April 30 of each year.

Wage Employment
Employment within the university to meet part-time, temporary or seasonal needs. Wage employees are limited to working no more than 1,500 hours during each 12-month period of May 1-April 30. In addition, wage employees may not exceed an average of 29 hours per week over the standard measurement period, May 1-April 30 of each year. Supervisors may allow wage employees to temporarily exceed the 29 hour limit provided this exception is planned for and approved by Human Resources.
 
4. APPLICABILITY

This policy applies to all wage employees and, where applicable, their supervisors.

5. POLICY

Wage employees shall be hired strictly on a part-time, at-will basis.

Wage employment is intended to provide additional staff for part-time, seasonal, peak workloads, interim replacements, short-term projects or jobs that do not necessitate the employment of full-time classified employees.

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 may apply for any vacancy, including agency-only recruitments. However, when hired into a classified position, service as a wage employee does not count toward any form of continuous state service. Wage employees entering full-time employment must serve a probationary period.

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. PROCEDURES

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.

6.2 Wage employees shall have their hours of work limited to 1,500 hours per each 12-month period of May 1-April 30.

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.

6.6 Compensation

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.

6.7 Benefits

Wage employees are covered under the Virginia Workers’ Compensation Act. When eligibility is established, compensation is provided after a standard seven calendar day waiting period.

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.
 
7. RESPONSIBILITY

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.

8. SANCTIONS

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.
 
9. EXCLUSIONS
This policy does not apply to classified employees, instructional faculty members, administrative & professional faculty members, student employees or adjunct faculty. Refer to Policy 1334-Student Employment for student employment policy. It does not apply to part-time special event public safety officers or foreign language interpreters due to the necessity to retain their services on an as-needed basis.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous Version: June 2013
Approved by the President: March 1999

1405 Faculty-Staff Waiver of Tuition Program for Degree-Seeking Course Work at JMU

1. PURPOSE

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.

2. AUTHORITY

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.

3. DEFINITIONS

Non-Degree Seeking Coursework
An individual applying for tuition waiver through this policy is considered non-degree-seeking if the total number of JMU credit hours earned, to include the credit hours represented by the course that is the subject of the current tuition waiver application, is 12 or fewer. In short, a faculty or staff member taking credit hours 1 through 12 at JMU is considered non degree-seeking. Non degree-seeking tuition waiver applications are addressed in Policy 1402 and are not considered in this policy.

Degree Seeking Coursework
An individual applying for tuition waiver is considered degree-seeking if the total number of JMU credit hours earned, to include the credit hours represented by the course that is the subject of the current tuition waiver application, is 13 or more. In short, a faculty or staff member taking credit hours 13 and up at JMU is considered degree-seeking.

4. APPLICABILITY

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.

5. POLICY

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:

  • Affirm that the faculty or staff member has demonstrated consistently high job performance and should consider continued high job performance as a requirement for continued use of this policy to pursue the JMU degree.
  • Review with the faculty or staff member the plan for degree-attainment, particularly as it relates to any flexibility in work schedules that will be required.

The taxability or non-taxability of tuition waivers for employees is based on the Internal Revenue Code and is subject to change.

5.1 Eligibility

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 Limitations:

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:

5.2.3.1 Tuition waived for two courses in quarters 1 and 3

5.2.3.2 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.

And

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)

or

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.

Examples:

  • An employee taking an online course that the employee has the option of taking in a classroom setting (at the standard tuition rate) will not have 100% of tuition waived. Instead, tuition will be waived up to the standard in-state rate.
  • An employee taking an online course that is not a required element of the particular degree program will not have 100% of tuition waived. Instead, tuition will be waived up to the standard in-state rate.
  • An employee taking an online course that is only offered online and is required for the completion of the degree will have full tuition waiver.
  • An employee taking an online course that has been required by his or her supervisor will have full tuition waiver for that course.

6. PROCEDURES

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.

7. RESPONSIBILITIES

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.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

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.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous Version: December, 2009
Approved by the President, February 2008

Index of Terms
Tuition
Tuition waiver