Policy 04:001
Employment

University employees are classified by the following employee categories:

    1.  Faculty  - one who holds faculty rank and whose primary appointment is to engage in academic instruction, research, and service.

    2.  Staff

a.  Staff Exempt - one who holds a position of executive, administrative or managerial responsibility, or a position that requires recognized professional achievement acquired either by formal training or equivalent experience; and, who meets the appropriate salary test and other provisions of the Fair Labor Standards Act (FLSA).

b.  Staff Non-exempt - one who is neither primarily engaged in academic instruction, research or service nor charged with administrative or managerial responsibility; and, who is not exempt from the provisions of the FLSA.

    3.  Student - one whose primary activity is enrollment in academic courses.   

Employment decisions are based on the needs of the University.  Such decisions are determined by qualifications and suitability, without regard to race, color, religion, gender, age, disability, national origin or disabled veteran/Vietnam era veteran status, and in keeping with applicable state and federal laws.  University recruitment and appointment procedures are designed to ensure that the most experienced, qualified, and competent individuals are appropriately appointed to lead, assist, and support the University in fulfillment of its statutory mission.  Detailed recruitment and appointment procedures are available from the Office of Human Resources. 

The State of Alabama is an employment-at-will state.  A staff employee is free to resign from employment with the University at will and the University is free to terminate the employment relationship at will.  Neither the University’s policies or practices nor its Staff Handbook alter the at-will relationship. 

Split appointments occur when an employee is employed in two or more employee categories.  When an employee is employed as a regular faculty employee, the faculty appointment prevails.  When an employee is employed in any capacity as a student employee, the student status prevails and the employee ceases to be eligible for benefits associated with other types of appointments.  When it is necessary to consider a split appointment, regardless of the duration of the primary or secondary assignment, the budget director or hiring manager must contact the Office of Human Resources to validate FLSA compliance.   

Outside Employment

Employment with the University shall be the primary obligation for regular, full-time employees.  Appropriate outside employment is allowed, however, if it does not interfere with University responsibilities.  Such employment must not bring discredit to the University, nor may association with the University be used to acquire the position.  No conflict of interest may exist.  Before accepting off-time employment or consulting, the employee must discuss the matter with the immediate supervisor.  The University schedules work assignments to meet the needs of the University, which takes precedence over any other employment.  When paid consulting or employment is pursued during the regular UM work schedule, time away from the job must be approved by the appropriate supervisor and, where applicable, charged to vacation or compensatory time or taken without pay. 

Outside employment of faculty should be related to their specialties and may not exceed the equivalent of one work day a week, require revision of teaching schedules, or otherwise adversely affect University responsibilities. 

When activities such as consultation services and/or research are sponsored by outside agencies, employees are expected to inform and confer with the department chair/director and dean on the nature and extent of such activities.  It is the responsibility of the employees who enter into contractual agreements with outside agencies to insure that any such agreements do not conflict with the interests of the University.   In any case, the sole criteria used to approve such work is the effect outside employment will have upon employees' responsibilities to the University. 

Outside employment by full-time University of Montevallo faculty and staff must be discussed in advance of such employment with the appropriate University officials and approved in advance by the employee's department chair/director and/or dean. 

Employment of Adjunct Faculty

The University recognizes that adjunct faculty can enhance the effectiveness of academic programs.  However, no more than 25% of the courses in a college should at any time be taught by adjunct faculty.  The department chair and academic dean are responsible for monitoring the numbers of adjunct faculty, their qualifications, and their availability to students outside of class time.  Academic deans and department chairs are responsible for appropriate orientation, supervision and evaluation of adjunct faculty. 

Employment of Minors

No person under the age of sixteen may be employed by the University.  Minors who are sixteen or seventeen may be employed under the following conditions: 

    1.  The employment must not interfere with the minor's health or well-being.

    2.  The employment may not be during those hours when the minor is required to attend school. 

Minors may not be assigned certain hazardous activities such as motor vehicle driving, operation of circular saws and band saws, operation of various power-driven machinery, wrecking, demolition, roofing, etc.  A complete listing of such occupations is maintained in the Office of Human Resources. 

Employment of Relatives (Nepotism)

Employment of relatives is permitted.  However, no University employee may make decisions regarding hiring, promotion, salary, job assignment, performance evaluations, discipline or termination affecting another immediate family member.  

Immediate family includes spouse, son or daughter, foster child, grandchild, parent, foster parent, grandparent, brother or sister, foster brother or sister, guardian and ward.  Also included are the step-, half-, and in-law relationships as appropriate based on the above listing.  The immediate family also includes others living in the same household or otherwise so closely identified with each other as to suggest difficulty, including persons engaged in amorous or dating relationships, and those engaged to be married. 

Employment of University and State of Alabama Retired Employees

Retired faculty and staff may be rehired or other members of the Retirement Systems of Alabama may be hired on the basis of their skills and abilities and the needs of the University.  Such employment will be subject to the terms and conditions established by the Teachers' Retirement System of Alabama. 

Employment of Student Workers

When employing student workers, all federal and state employment laws must be followed.  An individual may not be appointed to a student worker position and a non-student position concurrently.  

Persons hired as student employees must be currently enrolled or have been admitted for enrollment at UM. 

Student employees are paid for every hour worked at a rate equal to the current minimum wage rate as set by the Federal government.  During a semester a student may not work more than an average of twenty hours per week.

Occasionally, situations arise which require the hiring of students with specialized or technical expertise.  When necessary, the student may be hired at an hourly rate which does not exceed the current minimum wage plus $2.00.  The special circumstances and hourly rate must be recommended in advance by the Dean/Director and approved by the Division Head.  In extraordinary circumstances, a higher rate of pay may be recommended in advance by both the Dean/Director and Division Head and approved by the President.

This policy does not apply to scholarships, stipends and/or salaries paid to students employed as Resident Assistants, Hall Directors, and Graduate Assistants.

  

Approved 11/98

Last Revised 5/09