6.03 – Employment Categories

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Scope: NMSU System

Source: ARP Chapter 6 | HR - Hiring, Work Rules and Assignments

Rule Administrator:

Last Updated: 10/09/2018

Related

Cross-Reference:

ARP 6.35 - Non-tenure Track Faculty Appointments

ARP Chapter 8, HR-Benefits



Revision History:

10/09/2018 Amendment  approved by Chancellor
2017 Recompilation, formerly 4.30.10
05/10/2016 Amendment approved by Chancellor
10/21/2015 Board of Regents approved replication of Policy 4.30.10 as initial Rule 4.30.10
12/11/2015 Amendment to Policy 4.30.10 approved by Board of Regents
04/03/2014 Amendment to Policy 4.30.10 approved by Board of Regents
06/20/2013 Amendment to Policy 4.30.10 approved by Board of Regents

PART 1: PURPOSE


To define the NMSU employment categories for regular and non-regular faculty and for regular and non-regular staff.

 

PART 2: ACADEMIC APPOINTMENTS


Academic appointments are extended to members of the faculty, administrators of academic programs, and individuals appointed to faculty ranks in the cooperative extension service, at the community colleges, and in the university library. Academic appointments are either regular or non-regular as defined below. Exceptions for extenuating circumstances must be approved by the Office of the Executive Vice President and Provost, with consultation from the Assistant Vice President for Human Resources or designee.

A. Regular Academic Appointment

  1. Definition: A regular academic appointment is a status for individuals hired in a 9-month or 12-month academic position with no pre-determined appointment termination date, as well as faculty hired by contract subject to annual renewal during the pre-tenure period.
  2. FLSA Status: Exempt
  3. FTE: A .5 FTE and not to exceed 1.0 FTE.
  4. Appointment Period: Undefined, no predetermined termination date.
  5. Multiple Jobs: Employees hired into regular faculty appointments are only eligible for simultaneous NMSU employment if all jobs are offered in compliance with other university policies and have a total combined FTE not to exceed 1.5.
  6. Eligibility for Benefits: As allowed by the ARP Chapter 8, HR-Benefits.

B. Non-Regular Faculty Appointments

1. Temporary Faculty Appointments

  1. Definition: Temporary faculty appointment is a status for individuals hired for a predetermined length of time and may have a title rank of College Instructor, College Assistant Professor, College Associate Professor, or College Professor as specified at the time of employment.
  2. FLSA Status: Exempt
  3. FTE: Not to exceed .74 FTE.
  4. Appointment Period: Not to exceed one (1) year but may be hired for a semester, academic year, or fiscal year. The department is authorized to continue to re-hire individuals as a new temporary appointment in compliance with other university policies; however, there shall be no entitlement or expectation of continued employment beyond the existing appointment period.
  5. Multiple Jobs: Employees hired as temporary faculty may be hired into an appropriate category of non-regular employment simultaneously provided total combined job FTE does not exceed .74 and is in compliance with ARP 6.35 Non-Tenure Track Faculty Appointments.
  6. Eligibility for Benefits: As allowed by the ARP Chapter 8, HR-Benefits.

2. Term Faculty Appointments

  1. Definition: Term faculty appointment is a benefit eligible status for individuals hired for a predetermined length of time and may include the title rank of College Instructor, College Assistant Professor, College Associate Professor, or College Professor as specified in the written offer letter at the time of hire.
  2. FLSA Status: Exempt
  3. FTE: Not less than .75 FTE and not to exceed 1.0 FTE
  4. Appointment Period: The appointment period is not less than six (6) months and may not exceed a total of two (2) consecutive years at which time the employee shall be required to have a 26-week break in NMSU  employment. There is no entitlement or expectation of continued employment beyond the appointment period.
  5. Multiple Jobs: Employees hired as term faculty may be hired into an appropriate category of non-regular employment simultaneously provided total combined job FTE does not exceed 1.0.
  6. Eligibility for Benefits: as allowed by the Administrative Rules and Procedures of NMSU, Chapter 8, Employee Benefits.

3. Recruitment/Probationary Period Considerations

Advertising is optional for non-regular positions. Employees in non-regular positions may not be hired into a regular employment position without a competitive recruitment process. Any employee hired in a Term Staff appointment that competes for an advertised regular position and is selected will serve a probationary period not including time served in a Term Staff appointment status.

4. Rights for Non-Regular Faculty Positions

  1. Non-regular faculty are not eligible to file faculty grievances, per ARP 10.60. This does not apply for complaints involving any type of unlawful discrimination, which shall be filed with the NMSU Office of Institutional Equity and shall follow NMSU policy, rules and procedures.
  2. Non regular faculty are not eligible for annual salary increases, promotion, transfer, retention, counter offers, etc.

 

PART 3: STAFF EMPLOYMENT CATEGORIES


Staff employment opportunities are extended to non-faculty and are either regular or non-regular employment, as defined below. Exceptions for extenuating circumstances must be approved by the assistant vice president for human resources or designee.

A. Regular Staff (Non-Faculty) Employment

  1. Definition: Regular staff employment is a status for an individual hired with no predetermined employment termination date.
  2. FLSA Status: Employment within this category may be either exempt or nonexempt.
  3. FTE: A minimum .5 FTE and not to exceed 1.0 FTE.
  4. Employment Period: Undefined, no predetermined termination date.
  5. Multiple Jobs: Individuals hired with a regular employment status are only eligible for simultaneous NMSU employment if all jobs have a total combined FTE not to exceed 1.5.
  6. Eligibility for Benefits: As allowed by ARP Chapter 8, HR-Benefits.

B. Non-Regular Staff (Non-Faculty) Employment

1. Temporary Staff Employment

  1. Definition: Temporary staff employment is a status for individuals hired for short or long term employment periods usually to meet general operating requirements with a predetermined end date that is specified at the time of hire.
  2. FLSA Status: All employment within this category will be based on either an exempt or nonexempt classification title and will be compensated on an hourly basis.
  3. FTE: Not to exceed .74 FTE. FTE should reflect average hours to be worked during the employment period and should not exceed the average of 29 hours per week.
  4. Employment Period: The employment period is a maximum of one (1) year; however, regardless of when initiated. The department is authorized to continue to re-hire the individual in temporary employment; however, there shall be no entitlement or expectation of continued employment beyond the existing employment period.
  5. Multiple Jobs: Employees hired as temporary staff may be hired into another appropriate category of non-regular employment simultaneously provided total combined job FTE does not exceed .74.
  6. Eligibility for Benefits: As allowed by the ARP Chapter 8, HR-Benefits.

2. Seasonal Staff Employment

  1. Definition: Seasonal staff employment is short-term employment performed on a seasonal basis where, ordinarily, the employment pertains to or is exclusively performed during certain seasons or certain periods of the year. Seasonal work from its nature may not be continuous or carried on throughout the year. Seasonal employees are typically hired to support an annual or semi-annual event or to work during a specific agricultural growing season.
  2. FLSA Status: All employment within this category will be based on either an exempt or nonexempt classification title and will be compensated on an hourly basis.
  3. FTE: Not to exceed 1.0 FTE.
  4. Employment Period: The employment period is up to a maximum of three (3) consecutive months. The individual is not eligible for rehire into any temporary or other non-benefit eligible position until there has been a break of employment greater than the current/previous employment period.
  5. Multiple Jobs: Employees hired as seasonal staff may not be hired into another category of non-regular employment simultaneously.
  6. Eligibility for Benefits: As allowed by the ARP Chapter 8, HR-Benefits.

3. Term Staff (Emergency Hire Only) Employment

  1. Definition: Term staff employment is a benefit eligible status, which may only be utilized under a demonstrated urgent/critical business need.
  2. FLSA Status: Nonexempt level classifications compensated hourly or exempt level classifications compensated professional salaried.
  3. FTE: Not less than .75 FTE and not to exceed 1.0 FTE.
  4. Employment Period: The employment period is not less than six (6) months and may not exceed a one year period, at which time the employee shall be required to have a 26-week
    break in NMSU employment. Consecutive term staff appointments are not authorized. There is no entitlement or expectation of continued employment beyond the employment period.
  5. Multiple Jobs: Employees hired as term staff employment may be hired into another appropriate non-regular employment category simultaneously provided total combined job FTE does not exceed 1.0.
  6. The hiring college/division Dean/VP must include, in the position request, justification of the urgent/critical business need for a term staff employee. Requests will be reviewed and approved by the Assistant Vice President for Human Resource Services or designee.
  7. Eligibility for Benefits: As allowed by the ARP Chapter 8, HR-Benefits.

4. Recruitment/Probationary Period Consideration

Advertising is optional for non-regular positions. Employees in non-regular positions may not be hired into a regular employment position without a competitive recruitment process. Any employee hired in a Term Staff appointment that competes for an advertised regular position and is selected will serve a probationary period not including time served in a Term Staff appointment status.

5. Rights for Non-Regular Staff Positions

  1. Non-regular staff are not eligible to file for staff grievances, per ARP 10.20. This does not apply for complaints involving any type of unlawful discrimination, which shall be filed with the NMSU Office of Institutional Equity and shall follow NMSU policy, rules and procedures.
  2. Non-regular staff are not eligible for annual salary increases, in-range adjustments, reclassification, promotion, transfer, retention, counter offers, etc.