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Office of General Counsel Policies & Guidelines

Employment Classification : 5:01:01:00

Policy/Guideline Area

Personnel Policies

Applicable Divisions

TCATs, Community Colleges, Universities, System Office

Purpose

The purpose of this policy is to establish the criteria and process regarding employment classification for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Definitions

  • Academic Personnel (Exempt) - All faculty members who hold academic rank, and who are directly engaged in instruction, departmental research or public service. Academic personnel may be employed either on a nine, ten, eleven or twelve-month service basis (academic year), compensated over a twelve-month period, hereinafter described as academic personnel, or on a twelve- month service basis (fiscal year), compensated over a twelve-month period, hereinafter referred to as twelve-month academic personnel.
  • Executive & Administrative (Exempt) - All personnel other than personnel primarily employed in instruction, research or public service who primarily have executive and administrative responsibilities, and whose positions require recognized professional achievement acquired by formal training or equivalent experience. This classification includes non-academic personnel who are exempt from the provisions of the Federal Wage and Hour Law.
  • Professional Non-Faculty (Exempt)  All personnel other than personnel primarily employed in instruction, research or public service who primarily have professional responsibilities, and whose positions require recognized professional achievement acquired by formal training or equivalent experience. This classification includes non-academic personnel who are exempt from the provisions of the Federal Wage and Hour Law.
  • Adjunct faculty – All faculty whose temporary appointments are based on demand each semester.
  • Clerical, Support, Technical, Maintenance, and Operations Personnel (Non-exempt) - All personnel other than executive, professional, academic, administrative, or student workers.
  • Student Workers - All personnel whose primary purpose for being at the institution is to be enrolled in an academic program of the institution. Student workers are temporary.
  • Graduate Assistants/Graduate Instructors – Appointments subject to TBR policy 5:02:05:00 where the specific terms may be academic year semesters, fiscal year or based on a percentage.  They may be part-time or full-time temporary appointments.

Policy/Guideline

  1. Employment Designations
    1. Each employee is assigned one of the following designations:
      1. Regular Full-Time Employees - All personnel (executive, administrative and professional, academic, and clerical, support, technical, maintenance and operations) who are employed on a continuing basis, expected to exceed one year, and who have a regular work week of 37.5 hours or who are scheduled to carry a full teaching load or its equivalent. Regular full-time employees include full-time MODFY (modified fiscal year) employees.  Regular full-time employees are eligible for benefits.
      2. Regular Part-Time Employees - All personnel (executive, administrative and professional, academic, and clerical, support, technical, maintenance and operations) who are employed on a continuing basis, expected to exceed one year and who have a regular work week of less than 37.5 hours or who are scheduled to carry less than a full teaching load or its equivalent. Regular part-time employees include part-time MODFY (modified fiscal year) employees.   Regular part-time employees are eligible for prorated benefits.
      3. Temporary Employees - All personnel whose initial period of appointment or expected service is less than one year.  This definition should not be confused with employees who are designated as probationary employees, who may be regular full-time or part-time employees, and who are entitled to all leave benefits of such employees.  If temporary assignments are recurring, then the campus must make a decision to create and fund a regular position.
        1. “Temporary employees” are ineligible for benefits.  (Refer to 5:02:07:10 and 5:02:07:00 for the temporary appointment type for faculty – this type may be eligible for benefits).
        2. However, limited term appointments may be designated as positions eligible for benefits when budgeted.
        3. As a temporary employee, you are not eligible for employment benefits (retirement, state insurance, annual and sick leave, and holiday pay or longevity credit).
      4. MODFY (modified fiscal year) Employees - All regular, full and part-time personnel whose service period is at least nine months, but less than twelve months. The actual length and work schedule can vary at the discretion of the institutional president or director.
  2. Breaks in Service
    1. An employee who has worked as a temporary for the maximum time of one calendar year must be completely separated and off the payroll for fourteen calendar days before becoming eligible for re-employment in a temporary position.
      1. After one year of employment as a temporary employee, the campus should consider adding a position with benefits if the assignment is needed on a regular basis.
      2. The process for filling the position will follow TBR Guideline P-010, Personnel Transactions and Recommended Forms.
  3. Staffing Agency
    1. Temporary employees contracted through a temporary staffing agency are not TBR employees.  
  4. Guideline Development
    1. Each institution shall develop appropriate guidelines for employing persons within the institution.
    2. Consistent with the definitions included within this policy, appropriate employee designations and percent of employment shall be determined through campus review of the length of the assignment and the continued need for services.

Sources

TBR Meetings, August 15, 1975; June 25, 1976; December 2, 1977; June 30, 1978; June 29, 1979; June 26, 1981; September 18, 1981; September 24, 1982; June 24, 1983; September 30, 1983; June 28, 1985; June 26, 1987; December 4, 1987 ; June 30, 2006.

Note: The provisions of this policy adopted at the August 15, 1975 meeting, became effective on January 1, 1976, and changes in eligibility to earn leave or in the amount of leave earned for period of service were prospective only.

Related Policies

Contact

Mickey Sheen
615-366-4437
mickey.sheen@tbr.edu