Administrative Procedure AP 9.880, Policies and Procedures on Student Employment

Administrative Procedure Chapter 9, Personnel
Administrative Procedure AP 9.880, Policies and Procedures on Student Employment
Effective Date: February 2015
Prior Dates Amended: Amendment of Attachment 2 only prepared by Mānoa Career Center. This replaces Administrative Procedure No. A9.880 dated September 2013.
Responsible Office: Office of the Vice President for Student Affairs
Governing Board and/or Executive Policy:
Review Date: August 2018

To promulgate policies and procedures governing the employment of students by the University of Hawai'i to provide for a student classification and pay plan; and to establish the conditions of employment for students.

Applicability. The provisions of this directive apply to all campuses and affiliated agencies employing University of Hawai'i students. Campuses may establish additional procedures on student employment provided that they are in conformance with the provisions of this procedure.

  a. Student Assistants. Students who are employed by the University of Hawai'i or affiliate agencies while pursuing a certificate, degree or professional diploma. This employment, regardless of funding source, is a form of financial assistance enabling the students to pursue their education. Student employment is intended to provide students with an opportunity to meet their educational objective, therefore, student assistants are not regular employees of the University and are not entitled to the same fringe benefits.

    b. Campus Student Employment Office. That office of the campus which is responsible for the classification of student assistant positions, the finalizing of student assistant applications, and the placing of student assistants.
Individual campuses may make provisions to delegate these functions to other campus offices as may be appropriate to meet special campus needs. This office is responsible for the enforcement of these policies and is authorized to initiate necessary payroll transactions when violations persist (e.g. mandatory increments, termination upon graduation, incomplete I-9, etc.).

    c. Educational Affiliation Amongst UH Campuses.    Current federal regulations provide for international students to be employed up to 20 hours per week during the academic year and up to full time during the student's annual summer term. On-campus employment at an off-campus location is allowed, if there is an educational affiliation between a student's home campus and another campus or organization.
The University of Hawai'i acknowledges that there exists a continuous and on-going educational affiliation amongst the UH campuses based on educational curriculum, the UH strategic plan, and these policies which facilitate UH student employment at all UH campuses.

Any UH-enrolled international student may be employed on any UH campus without needing prior authorization from the international student services unit at the student's home school provided the student meets all other eligibility criteria set forth in these policies and as established on the campus where the student seeks employment.

    d. Earning Modules. That dollar portion, as determined by the campus financial aid office, of the student's financial aid package expected to be achieved through employment.

NOTE:    Financial aid policies and procedures govern all aspects of earning modules for Federal Work Study students.

a. Equal Employment Opportunity. It is the policy of the University of Hawai'i to prohibit discrimination in employment including but not necessarily limited to the following laws:
        - Title VII of the Civil Rights Act of 1964 as amended (race, color, national origin, religion, sex, pregnancy)
        - Executive Order 11246 as amended (race, color, national origin, religion, sex)

        - Equal Pay Act of 1963 as amended by Title IX of the Educational Amendments of 1972 (sex)
        - Age Discrimination in Employment Act of 1967 (ages 40-70)

        - Section 402 of the Vietnam Era Veteran's Readjustment Assistance Act of 1974 (veteran's status)
        - Sections 503 and 504 of the Rehabilitation Act of 1973 (physical or mental disability)
        - Hawai'i Revised Statutes, Chapters 76, 78, 378 (race, sex, age, religion, color, ancestry, political affiliation, physical or mental handicap, marital status, arrest and court record)
        - The Americans with Disabilities Act (physical and mental disability)

    b. Confidentiality Policy. Student employees at the University of Hawai'i may have access to confidential information relating to other students, faculty and staff and/or pertaining to the University in the course of performing their duties & responsibilities as student employees.

Under FERPA, federal law and University policy, educational records are protected from disclosure to third parties unless pursuant to narrow exceptions and that other confidential records must not be disclosed.

As part of their duties and responsibilities, student employees shall maintain the confidentiality of all such records during and after their period(s) of employment at the University of Hawai'i. They shall not, directly or
indirectly, disclose to any person other than their supervisor, or an individual approved by their supervisor, any information concerning such records. Any unauthorized disclosure may be grounds for immediate termination, prohibition of future employment and/or disciplinary action up to and including dismissal from the University of Hawai'i.

    c. Eligibility. Students who are meeting the academic standards on their campuses are eligible for employment under this program.
      1. Generally, this means carrying at least a half-time course load, and
      2. A minimum cumulative grade point average of 2.0 for
community college, undergraduate and Law School students and
3.0 for graduate students.
      3. International students usually must be full-time students as well as meet other eligibility criteria based on federal and state laws including but not limited to immigration regulations.

    d. Employment Priority.
      1. Students with greatest demonstrated need for financial support as determined by the campus financial aid office shall be given priority for placement.
      2. Full-time students shall be given preference over part-time students.
      3. Individual campuses will determine other priorities taking into account student degree status, nonstandard semester or term, volume of course work, program and curriculum requirements, and availability of positions.

Individual campuses may make exceptions to this provision as
necessary to provide for unique situations as deemed justified by the campus student employment office.

    e. Employment Status.
      1. Appointment period shall be for a period not to exceed one year subject to renewal.
      2. A reasonable training period of no more than ninety (90) days may be established on the date of hire as a probationary period. The student may be terminated without notice during the probationary period.
      3. Otherwise, student assistants who are terminated prior to the end of their appointment period shall be notified in writing at least two weeks prior to the termination date unless terminated for due cause. If after the probationary period, the student feels that termination has been unfair, the grievance procedure (APM A9.860) may be used to seek remedy.
      4. Conversely, a student shall give at least two weeks' notice of intention to resign so that a replacement may be obtained in a timely manner.

    f. Work Conditions.
      1. It is expected that student assistants will be allowed appropriate paid rest periods and meal breaks without pay. All student assistants shall be allowed paid rest periods of ten (10) minutes during each four (4) hours of continuous work at the discretion of the supervisor. An unpaid meal break of not less than thirty (30) minutes shall be offered if students are expected to work in excess of four (4)  hours. Students may decline the meal break if they wish.
      2. No employer shall require students to work when they are scheduled for classes or examinations. For financial aid recipients (F1 payroll), violation of this provision could result in a charge to the department for wages earned and/or prohibition from further participation in the Federal Work Study program.
      3. Employers shall make every reasonable effort to rearrange the students' work schedules for the period of final examinations and for one full week prior to the final examination period to accommodate students' study needs.
      4. Student assistants may not work more than twenty (20) hours a week during regular semesters. Exceptions must be approved by the campus student employment office.
   
    g. Employment Records.
      1. Student employment records (time sheets and scan sheets) must be    retained for a minimum of three    (3) years if audited, otherwise, six (6) years from final termination for regular student assistants (F3 payroll). For financial aid recipients (F1 payroll), federal regulations specify that  time sheets must be kept for a period of five (5) years following a completed audit.
      2. Student assistants shall, upon request, be permitted to examine records and files pertaining to their employment and be given a copy of such material if it is to be used in connection with a grievance or personnel hearing.

    h. Classification and Pay. All student assistant positions will be classified and paid in accordance with the guidelines contained in Attachment 1. The campus student employment office shall    have final jurisdiction over the classification of individual positions. All student assistants shall be paid on an hourly basis (See Attachment 2 for pay schedule.)
 
  5. Procedures.

    a. Students will be paid through the student payrolls - "F1" for work-study, or "F3" for regular. The sece online Student Employment Work    Agreement will be used for the purpose of initiating payroll action. Brief instructions can be found in Attachment 3.
   
    b. Federal regulations also require that an Employment Eligibility Verification (Form I-9) be completed for every employee. Instructions for completing and an up-to-date copy of the form can be found at http://www.uscis.gov/files/form/i-9.pdf.

    c. All payroll changes must be implemented through the sece on- line system in accordance with existing payroll procedures.

    d. Each campus/department employing student assistants is responsible for the timely submittal of on-line transactions and any required documents through the campus student employment office to the Payroll Office.

    e. Each campus will promulgate procedures for the registration, referral, hiring, and paying of student assistants through the sece on-line system subject to the following:
        1. All student assistants will be classified into one of the  classes described in Attachment 1. Upon initial hire within the University, students will be placed at step 1 of the class. Credit shall be given for longevity for employment  in similar positions held within the University system.    If a supervisor wishes to give credit for non-University experience, the supervisor must verify such experience in writing to the campus student employment office and provide documentation of such experience when requested.
        2. Employing units will submit a job description for
classification by the campus student employment office through the sece on-line system by completing the job listing form. All job descriptions listed on the sece on- line system will then be classified by the campus student employment office. Employing units may suggest a classification; the final determination shall be the responsibility of the campus student employment office.
        3. Employing units shall announce all vacancies on the sece on-line system. All positions must be listed for at least 3 days or have 5 referrals taken prior to the creation of a placement record. If a qualified student is not available, the position may be reclassified through consultation between the employing unit and the campus student employment office.
        4. Any position may be upgraded if there is a requirement for the higher level student assistant in the same job series. The incumbent may be promoted at this time if the position requirements are met.
        5. When promoted to a higher class, the student assistant will be placed at step 1. The promotion must be implemented through the sece on-line system. The employer must establish the higher level job description by adding to the job series and obtaining approval from campus student employment office before promotion can be implemented.
        6. Student assistants cannot be required to work at a higher class without compensation except for on-the-job training in preparation for promotions.
        7. The following regulations apply to step increases (no change in job description, given within same class).    The request is to be submitted by the employing unit to the sece on-line system where it is processed by the campus student  employment office.
            a. Individual campuses may establish procedures for merit increases as appropriate.
            b. If no merit increases are given, a student assistant must be given a yearly step increment on the anniversary date of initial hire, last promotion, or last step increase, provided that the student has worked a minimum of 400 hours at the previous step.
            c. Students who have attained the top step of their assigned class do not qualify for further step increases.
            d. Step increases must be attained in sequential order.

  6. Overtime and Premium Pay.

    a. Student assistants are entitled to overtime pay under the same conditions stated in the provisions of the State's Unit 03 Agreement. Generally, overtime work occurs when the student performs services, at the direction of the supervisor, if the hours of work are:
        1. In excess of a scheduled eight-(8) hour workday.
        2. In excess of 40 straight-time hours per workweek,
        3. On any day which is observed as a legal holiday, or
        4. When the major portion of a shift falls on a day observed as a legal holiday, work performed during the entire shift shall constitute overtime work.

            Upon occurrence of overtime work, student assistants shall be entitled to receive overtime compensation calculated, including all premium pay differentials, at the rate of 1 1/2 times their basic pay rate for each hour of overtime worked.

      b. Premium Pay. Premium pay is an increase in the hourly rate of pay for work during special hours, or unusual schedules. Student assistants are entitled to premium pay for night hours under the same conditions stated in the provisions of the State's Unit 03 Contract Agreement. On the day of this revision, the agreement provides that:
        1. Work scheduled between 6:00 p.m. and 6:00 a.m. is paid a night differential premium at the rate is $ .60 per hour.

      c. Holiday Pay. Student assistants are entitled to holiday pay for work required on a day observed as a legal holiday under the same conditions stated in the provisions on the State's Unit 03 Contract Agreement. On the date of this revision, the holiday pay differential is 1.5 times the straight-time pay.

      d. Agreement. Overtime and premium hours of work scheduled for the benefit of the employing unit must be compensated for at the overtime and/or premium rates as applicable. However, any or all of the overtime and premium pay provisions, except that for work in excess of 40 hours per work week may be waived, or modified, by mutual agreement when the work is scheduled solely for the convenience of the student. Although a formal signed agreement is not required to be submitted to the campus student employment office, the following is highly recommended:
        1. A memorandum of the agreement shall be kept in the employing unit, with notations of the effective date, reason for, and the length of time the agreement is in effect, and
        2. The agreement may be cancelled or modified at any time by mutual agreement, upon written advance notice of 10 working days.

      e. Authorization.    Prior approval, by persons authorized to expend funds, is required for overtime and premium work. Overtime pay is an allowable cost, only upon written authorization of the granting agency under the rules of some federal grants and contracts.

      f. Compensatory Time Off.    The compensatory time off provisions of State law apply only to guaranteed wage employment, and do not apply to students employed under the provisions of APM A9.880.

      g. Other Compensation. Any perquisites given to student assistants must be approved by the campus student employment office.

There is no administrative specific delegation of authority.

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A. Link to Administrative Procedure in old format https://www.hawaii.edu/policy/archives/apm/pers/a9880.pdf

No Exhibits and Appendices found

    Vice President for Academic Affairs

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