- Voluntary Reassignment of Formerly Classified FLSA-Exempt Employees To Academic Staff/Limited Appointment Positions
- Original Issuance Date: July 1, 2015
The purpose of this policy is to provide the necessary information formerly Classified Fair Labor Standards Act (FLSA)-exempt staff need to make an informed decision to consider/choose a voluntary reassignment to a position that the institution has designated as either an academic staff or limited appointment position.
The University Personnel System (UPS) created under section § 36.115 of the Wisconsin Statutes is comprised of five (5) employee categories: faculty, academic staff, university staff, limited appointees, student assistants/ employees-in-training. Faculty, academic staff and limited appointee positions are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and university staff positions are FLSA nonexempt.
Incumbents in permanent status holding FLSA exempt classified positions as of June 30, 2015, will be given the opportunity to choose to have their positions voluntarily reassigned to a position designated as either an academic staff or a limited appointment position, or remain in university staff in an FLSA exempt position for as long as he or she holds the position. Benefits, leave accruals, job security and other employment conditions will be based on the employee category for the reassigned position. After a position incumbent accepts a voluntary reassignment as defined in this policy, there will not be an opportunity to return to University Staff service in the same position.
Please see the UPS Operational Policy: GEN 0, General Terms and Definitions, for a list of general terms and definitions.
Definitions Specific to this Policy
- Incumbent Employee: as referred to in this Policy, means any employee with permanent status holding a Classified FLSA-exempt position on June 30, 2015.
- Eligibility for Voluntary Reassignment
The following eligibility will be based solely upon the position duties and responsibilities and not the incumbent. The following principles shall exist:
- Central Human Resources will affirm the FLSA designation for each civil service position. This designation will be based solely upon the position duties and not the incumbent.
- Designation of an Academic Staff Contract Type will be at the discretion of the appointing authority but shall be consistent within each division and may include: (1) Probationary leading to indefinite; (2) indefinite status; (3) Fixed Renewable; (4) Fixed term terminal.
- Designation of a position as Limited Title will be in accordance with the UWM Guideline on Limited Title appointments. In accordance with this guideline, concurrent appointments shall be granted.
- Once an employee chooses to move to an Academic Staff position they cannot convert back to University Staff except under the following conditions:
- They apply and are hired into a University staff position via recruitment.
- The position duties are changed substantially making the position non-exempt.
- Employees in designated FLSA Exempt positions must have successfully completed their six-month original probation prior to conversion.
Ineligible: Classified Project, Classified LTE and Rehired Annuitants.
- Voluntary Reassignment Process
Each incumbent employee must receive all necessary information from the employing unit in order to be fully educated on all potential ramifications of choosing to have the position voluntarily reassigned to an academic staff or limited appointment position.
Consultations for UWM employees considering reassignment will occur between the employee and their Divisional HR Representative, a representative from the appropriate governance group, and a representative of Central HR.
- Divisional HR will lead the conversation and explanation of the appointment terms offered and general impacts outlined in the Voluntary Assignment Form.
- Governance Representative will be present to answer any specific questions related to UWM specific governance policies.
- Central HR will provide the materials (Voluntary Assignment Form) and advise on the timing of changes in accordance with HRS guidance on this change.
The information given to each affected employee must include at a minimum:
- Compensation ramifications, including eligibility for overtime payment;
- Differences in paid leave accruals, including vacation and sick leave accrual;
- Differences in ability to bank and accumulate any paid leave;
- Differences in Wisconsin Retirement System (WRS) designations;
- Differences in employee paid benefit programs (e.g., income continuation, life insurance);
- Differences in appointment terms and job security; and
- Differences in eligibility to participate in collective bargaining.
An incumbent employee choosing to have his/her position voluntarily reassigned to the academic staff or to a limited appointment must declare his/her intention to do so in writing (see Appendix 1 Voluntary Reassignment Form).
The effective date of the voluntary reassignment will be the first of the month following the decision.
The type of appointment to which the position will be voluntarily reassigned will be at the discretion of the appointing authority.
There is no deadline for making the decision to move to an Academic Staff or Limited Title appointment and no employee shall be coerced into moving into another employment category.
- Impact of Voluntary Reassignment on Employee Benefits
On the effective date of the reassignment, the employee will be subject to all leave and insurance benefits available to academic staff or limited employees. The employee will not be grandfathered under any university staff leave or benefit policies.
UW System Operational Policy TR 3 outlines specific benefits impacts.