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temporary contractural hiring

Human Resources Policy: HR 06 03 (Revised December 1, 2009)

A. Purpose.  To provide guidance and instructions to Financial Managers for hiring temporary staffing through the University Additional Employment Agreement contracted agency temporary services, Personal Service Contract (PSC), or Temporary Employment Agreement.  This policy will help to close process gaps, ensure cost efficiency, and utilize best practices to meet departments’ needs to hire temporary staffing on a “just in time” basis, and better ensure compliance with all State rules and University policies.

B. Scope.  This policy applies to all Financial Managers who are utilizing temporary contractual services through the University Additional Employment Agreement, contracted agency temporary services, Personal Service Contract (PSC), and Temporary Employment Agreement.

C. Policy.  It is the policy of UNCP to utilize a temporary workforce in one of these circumstances:

1. In the event the current workforce is not sufficient to manage periods of heavy workloads, a temporary agency or UNCP temporary workers may be used when needed to accomplish UNCP’s mission, goals and objectives.
2. 
   When outsourcing all or part of a function to a temporary worker to provide the same level of service at a lower cost or better service at the same cost when compared to the function being provided by permanent UNCP employees.
   Note: All Additional Employment, agency temporary service requisitions, Personal Service Contract (PSC), or Temporary Employment Agreement, must be completed by Financial Managers and approved by the appropriate Department/Fund Manager, vice chancellor or the Chancellor, as appropriate. Work cannot begin until such agreement or agency temporary requisition has been approved and processed by HR.  Departments will be notified by HR when processing is completed.

D. Responsibilities:

1. The Chancellor and Vice Chancellors are responsible for assuring the temporary hiring programs are conducted in a fair and consistent manner.
2. Financial Manager, or designee, is responsible to:
   a. Determine the best temporary option to accomplish the department’s workload demands
   b. Determine the exact job duties to be performed
   c. Determine the skills needed to perform these duties such as: what type of tools, equipment, or computer will be needed, what software (Word, Excel, PowerPoint, Access, Front Page, etc.) required; what type of documents will be produced (letters, financial reports, etc.)
   d. Receive and review resumes to identify potential temporary candidate(s), and schedule interviews as appropriate
   e. Obtain reference checks and credentials verification on selected temporary (maintain in department for 3 years after assignment completion date)
   f. Review authorized and available budget is available in the budget and specific budget category for the account prior to approval of any temporary agreements/requisitions
   g. Identify appropriate Banner fund, org, account and program numbers.  Account numbers include:

   1) 21310 Temporary Assignment Agreement (Non-Student Regular Wage)
   2) 22173 Temporary Agency Contract (Miscellaneous)
   3) 22175 Temporary Agency Contract (Work against position number)
   4) 22178 Criminal Background Checks

   h. Notify HR timely by email of the need to change account code to a work against account number if a position in Department becomes vacant and/or if work against position is filled. i. Complete and submit approved requisition or agreement, with all required supporting documentation to HR prior to the work begin date.  Supporting documentation for UNCP agreement includes W4/NC-4 Withholding Allowance Certificate forms (original forms), Criminal Background Check form (if working with children under the age of 13 or in a security sensitive position, refer to policy), Employment Eligibility I-9 form (department must verify completion of Section 1 and complete Section 2 within 3 days of the work-begin date) and E-Verify form (department must complete within 3 days of the work-begin date).  Incomplete agreement and/or forms will be returned to the department for proper completion, which may cause delayed payment(s) to temporary staff.  Please be aware that an agreement with an approved date later than the work-begin date cannot be processed by HR because it is considered to be an invalid contract by State policy, and will be returned to the department.
   
   NOTE: If the temporary employee (U.S. Citizen Only) resides in and performs the work while in another state, thereby not reporting to campus, the employee is permitted to take the form to a Notary Public for verification of Section 1. The original form will then need to be submitted to the assigned department for their completion of the E-Verify process.
   NOTE: If in Section 1 the temporary has selected the option “alien authorized to work until” the department is not to finish completing the form(s).  Contact the Payroll Department immediately (ext. 6284) for additional direction and information.  The Payroll Department will complete the I-9, E-Verify and other documents required for a Non-Resident Alien.  UNCP Payroll Department must obtain additional foreign visitor documentation verifying eligibility for employment and tax processing.    The temporary cannot begin work until Payroll notifies department of completion of additional forms.  FM’s cannot contract for a temporary agreement of an alien if he/she knows the alien is not authorized to work in the United States.
   j. Approve the UNCP temporary hourly employee(s) work hours in Braveweb Employee Self Service timesheet as required by the payroll deadline, to ensure timely payment.
   k. Follow worker’s compensation policy to document and report employee injuries (policy does not apply to contracted agency temporaries - notify the temporary agency or HR Temporary Agency Coordinator directly to report injury to appropriate agency, and does not apply to independent contractors)
   l. Contact HR to answer questions as needed
   m. Notify HR of temporary related issue/concerns
   n. Monitor budget to ensure funds are available for temporary expenses
   o. End temporary assignments as appropriate
   p. Document reasons for termination of temporaries
   q. Be prepared to answer questions and/or participate in unemployment hearings as necessary

3. Business Services, Payroll & Accounts Payable
   a. Business Services is the final signature approval authority on PSC’s for independent contractors.  The Department must submit the PSC to Business Services to obtain approval prior to the work begin date.
   b. Payroll reviews to confirm not a current employee and Accounts Payable completes the processing for payment of PSC’s for both independent contractors and dual employees.

4. Human Resources
   a. Coordinate temporary agency services

   • Answer department questions
   • Submit Temporary Employee Requisition to temporary agency
   • Review temporary agency referrals to ensure qualified for assignment
   • Refer agency referrals to FM
   • Notify department of temporary to be assigned by providing name and start date
   • Monitor and track agency temporary staff assignments
   • Request time sheets as needed
   • Reconcile and process temporary invoices for payment
   • Coordinate the RFP process and chair the RFP review committee to develop recommendation for selection of agency temporary services
   • Verify agency contracts furnish documentation of adequate insurance coverage

b. Process Temporary Employment and Student Assignment Agreements

• Verify completion of agreements and supporting documents
• Notify Financial Managers of return of incomplete or invalid agreements
• Process completed agreements within HR/Payroll deadlines
• Verify Banner Self Service for Timesheet input
• Collaborate with Payroll to ensure issue resolution

c. Develop temporary program policies, procedures and forms

• Communicate with campus management and vendors to ensure successful program administration
• Provide support to resolve issues

5. Payroll Office

• Collaborate with HR on temporary agreements for payroll processing
• Enter and/or verify tax withholdings and deductions
• Process additional payment for UNCP permanent employees to be included in their monthly paycheck
• Review PSC Independent Contractor and Dual Employee contracts to ensure not  current employee or employee during current calendar year
• Pay temporary employees by the payroll schedule
• Withhold taxes at the maximum rate if a Withholding Allowance Certificate form is not received, as required by Federal & State Regulations
• Process garnishment and benefits deductions through payroll, as appropriate.

6. Financial Planning and Budgets

• Notify departments of temporary budget funding issues.
• Collaborate with HR and Payroll on budget issues.

7. Temporary

• Timely completion and return of all required forms as appropriate
• W-4/NC-4 forms
• Employment Eligibility I-9 form, Section 1 and signature
• Criminal Background Check form, as appropriate
• Enter work hours timely and submit for supervisor’s approval by the payroll deadline to ensure timely payment

NOTE: If temporary employee’s work hours are not submitted by the payroll deadline the paycheck will be delayed until the next scheduled payroll date.

E. Categories of Temporary Staff
1. Additional Employment Agreement
A permanent UNC Pembroke employee who accepts a temporary assignment with a department other than their primary department to provide a specific service or product, which is not readily available to that department, based on limited staff resources and/or area of expertise/specialization.  Examples: faculty for non-teaching related services such as community presentations, grant related PI, academic or administrator service stipends, administrative (exempt level work only), artist, computer programmer or web design.
Additional Employment Agreements may be used for:

• EPA Faculty (for non-teaching related services)
• EPA Non-Faculty
• SPA Exempt (work must be completed outside of their 40 hour work week schedule)

NOTE: SPA Non Exempt employees are not eligible for additional employment.

2. Agency Temporary
A temporary who is hired through a contracted agency to provide contingent short-term administrative, clerical, facility support or limited professional level support to cover for vacancies in permanent positions, special projects, seasonal workloads, or staff leave.  Agency temporary staffs are appropriately tested and screened (reference checks, credential verification, I-9 and criminal background checks) to ensure they have the skills required to meet the department’s needs.  The benefits of using agency temporary services include agency paid insurance coverage such as worker’s compensation, unemployment, FICA and other benefits.

3. Personal Services Contract (PSC)
A PSC may be used for a dual employee or independent contractor as defined below:  
A dual employee’s primary employment is with another State agency and payment will be processed through Accounts Payable, submitted to his/her primary State agency, and processed through their payroll system to their employee. Note: Public School employees are not considered to be a dual employee and may be hired on a Temporary Assignment Agreement, Agency Temporary Requisition or on an Adjunct Faculty Contract.  Please contact HR if you have questions regarding which State agencies are included or excluded from dual employment.
An independent contractor is self-employed: controls his/her own work schedule and timing of work process; responsible for completing work within contracted agreement period, is responsible for any material or equipment costs; is responsible for their own Federal and State Tax Compliance and will receive a 1099.  Payment will be processed through Business Services and payment is made through Accounts Payable. 

 
4. Temporary Assignment Agreement
An entry-level hourly (such as high school student for grant programs) or professional-level flat rate (such as an accountant, administrator, architect, artist, computer programmer, musician, or tutor) temporary employee who is hired by a department to provide a specific service or product which is not readily available to the department based on limited staff resources and/or area of expertise/specialization.  Temporary employment is for a short-term period typically less than 6 months and not to exceed 12 months (a 31 day break in service required after 12 months of employment).  A temporary employee is not an active UNCP student during agreement period. The temporary agreement budget account is 21310.

Payment is processed, with applicable tax and any supplemental retirement benefits deductions, through the UNCP Payroll Department.

F. Procedures
The Financial Manager in the employing department shall initiate and execute the following forms and procedures:
1. Additional Employment Agreement
An Additional Employment Agreement must be used for any UNCP permanent EPA Faculty, Non-Faculty or SPA Exempt employee who is hired by another UNCP department to provide a specific professional - exempt level service or product.  The form must specify:

• Date
• Employee’s Name
• Employee’s Banner ID
• Begin Date
• End Date
• Amount of Agreement (flat rate)
• Banner Fund, Org, Account, Program Numbers
• Detailed description of work to be performed
• Employee’s Signature
• Primary Department FM signature authorization to accept assignment
• Contracted Department FM Approval Signature
•  Banner account number, job title and phone extension number
• Contracted Department VC/Chancellor Approval signature

2. Agency Temporary Staff
A Temporary Employee Requisition form is used to request temporary staff through the UNCP contracted agency temporary services. The form must include the work against position number and Banner fund, org, account number in which the vacant position is funded. The work against position number must be for a position that is currently vacant. Only one FTE of temporary labor (charged to budget account code 22175) will be authorized for each vacancy.  Departments may also use their available budget account 22173 (miscellaneous) budget for non-work against temporary labor.  The form must also specify:

• Anticipated Date of Hire
• Full Time or Part Time
• Anticipated End Date (approximate)
• Working Title
• Banner fund, org, account and program numbers:
• Temporary labor acct code 22173 (miscellaneous), or
• Work against position number and acct code 22175
• A description of primary duties and responsibilities to be performed
• Minimum acceptable education, training, experience, and skills
• Rate of pay
• FM Approval Signature
• VC/Chancellor Approval Signature

a. Forward the completed and approved Temporary Employee Requisition form to HR by fax, intercampus mail, or hand delivery.
b. Contact HR immediately with any questions or concerns about an agency temporary’s job performance, skills, attitude, attendance, or work habits. Don’t wait! HR, along with contracted agencies, will work to resolve any concerns or issues to the department’s satisfaction, including replacing an agency temporary that has not performed up to expectations.
c. Be aware the agency temporary is not employed by UNCP and is employed by the agency. The agency as the temporary’s supervisor should be informed of any concerns about their employee’s work performance or the need to separate their employees from temporary job assignments.
c. Notify HR immediately if you need to end a temporary assignment or change the funding source for a temporary based on the work against vacancy being filled.
e. Complete agency temporary time sheet on a daily/weekly basis as appropriate and submit to HR no later than 9 a.m. Monday morning for services performed during the previous week.

3.  Personal Services Contract
A Personal Services Contract may be completed on a dual employee (employed by another State agency) or an Independent Contractor who works for a contracted (lump-sum flat rate) to provide a specific service or product.  The form must specify:

• Contractor’s Name (as it appears on Social Security Card)
• Social Security Number of Federal Identification Number
• Permanent Mailing Address
• Email Address
• Gender
• Race
• Citizenship
• Date of Birth
• Contract Begin Date
• Contract End Date
• Detailed Description of work to be performed
• Type of  Relationship (Independent Contractor or Dual Employee)
• Note: If Public School employee use Temporary Assignment Agreement or Faculty Adjunct Contract, as appropriate.
• Contractor’s Signature
• Independent Contractor’s Checklist completed, as appropriate
• Banner Fund, Org, Account and Program Numbers
• Amount of Contract (flat rate)
• FM Approval Signature
• VC Signature/Chancellor Approval Signature

4. Temporary Assignment Agreement
A Temporary Assignment Agreement may be used for an entry or professional level temporary who is hired by a department to provide a specific service or product. The form must specify:

• Temporary Employee’s Name
• Social Security Number
• Gender
• Race
• Permanent Mailing Address
• Email Address
• Begin Date
• Anticipated End Date
• Detailed description of work to be performed (describe in specific detail, if needed attach additional page)
• Temporary Employee’s Signature
• Rate of Pay: Hourly Rate or Flat Rate Amount
• Working Title
• Position number
• Banner fund, org, account and program numbers
• Reports to Supervisor’s Name
• Reports to Supervisor’s Banner ID
• FM signature
• Job title and phone number
• VC/Chancellor Signature

G. Not Eligible for Overtime
A contract agency temporary or UNCP temporary employee is not eligible to work more than 40 hours per week and/or earn overtime.  The temporary’s direct supervisor and financial manager are responsible to ensure no work is performed beyond the regular 40 hours per week schedule.

H. Orientation
Before contracted agency or UNCP temporary staff arrives, it is best to determine where he/she will be located (what tools, equipment, desk, chair, phone and computer he/she will use, and who will be the point of contact to answer questions). When the temporary arrives he/she should be directed to the work location/office, and given an introduction to other staff members in the work location/office. A brief overview of the office functions and instructions on job duties, departmental expectations, deadlines, and a lunch schedule should be provided. Please remember that unless a temporary has worked in the department previously he/she is not familiar with the department’s business practices and procedures and will need to be instructed to avoid miscommunication and confusion. A UNCP temporary employee is eligible for supplemental retirement benefits.  Please instruct the temporary employee to contact the Office of Human Resources, if interested.

It is highly recommended temporary employees not be given department, office or file cabinet keys. A temporary who has access to confidential information or files should sign a confidentiality statement, as appropriate.

I. Contacts:
Budget Director x6326 for questions about temporary Banner fund, org, account and program codes
Director of Auxiliary and Business Services x6337 for questions about Independent Contractors
HR Agency Temporary Staffing Coordinator at x6279 for questions or concerns regarding agency temporary services.
HR Specialists at x4325 or x6764 for questions or concerns regarding additional or temporary agreements
HR Employment Manager x6534 for policy and procedures
Director of Human Resources x6488 to report concerns

Get the Forms Here!

Updated: Wednesday, December 22, 2010

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