Policy VII-1.40-GC UMGC Policy on Contingent Status Employment

(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017; Updated November 18, 2019)

1. Purpose

   This policy establishes the appointment and compensation for all University of Maryland Global Campus (UMGC) Staff employees, including Nonexempt, Exempt and Overseas Staff employees, who are on Contingent Status including the provision of certain benefits, depending on the job category.

2. Definitions

   1. Contingent Category I – Any UMGC Contingent Status employee, whether working Stateside or Overseas, whose written agreement (contract) is for a term of six (6) months or less regardless of the percentage of time worked and regardless of whether it is seasonal or intermittent in nature (works "if and when needed").

   2. Contingent Category II – Any UMGC Stateside Contingent Status employee whose written agreement (contract) is at least six (6) months, but no more than 12 consecutive months. Contingent II employees may be full-time or part-time as long as the employee works at least 20 hours per week or more. Contingent II employment is not seasonal or intermittent in nature. This category is not applicable to Overseas Staff employees.

   3. Contingent Category III – Any Overseas Contingent Status employee whose written agreement (contract) is at least six (6) months, but no more than 12 consecutive months. Contingent III employees may be full-time or part-time as long as the employee works at least 20 hours per week or more Contingent III employment is not seasonal or intermittent in nature. This category is not applicable to Stateside Staff employees.

   4. Contingent Status Employment – Any position established through a written agreement between UMGC and its employee that is not a Regular Status position. Contingent Status Employment may apply to Nonexempt, Exempt or Overseas Staff positions at UMGC. Contingent Status Employment does not apply to Faculty employees.

   5. Contingent Status Employee – A Staff employee:

      1. who pursuant to a written agreement, provides personal services to UMGC for pay;

      2. who is not employed as a Regular Status employee in a budgeted position;

      3. whose compensation, terms and conditions of employment are governed by this policy and a written contract and not by the UMGC policies generally applying to Nonexempt, Exempt and Overseas Staff employees on Regular Status, unless such policy specifically includes Contingent Status employees; and

      4. who has an employer-employee relationship with UMGC, such that UMGC furnishes necessary supplies and equipment, and a place to work; has the right to control and direct the details, means and results of the performance of the services; is paid through the UMGC Payroll; and UMGC has the right to discharge the person from employment.

3. Categories of Contingent Status Employment

   Agreements for Contingent Status employment may only be offered terms of employment as specified in one (1) of the categories below:

   1. Contingent Category I Employees:

      1. Are not be required to be hired through competitive recruitment or selection for Stateside positions; Overseas positions shall be required to be hired through competitive recruitment or selection;

      2. Are not be entitled to receive fringe benefits except as required by the Patient Protection and Affordable Care Act (PPACA) and the Maryland Healthy Working Families Act;

      3. May have their contract renewed indefinitely by executing new contracts of up to six (6) months at a time for less than 20 hours per week. However, if the employee has a contract to work 20 hours per week or more for a period of six (6) consecutive months, the employee shall be limited to only two (2) contract terms in which the employee works 20 hours or more per week (50% FTE or more). Thereafter, the employee may only be permitted to enter into a contract for employment for less than 20 hours per week; and

      4. Shall not be entitled to receive service credit for the time served in this category unless they have worked 20 hours per week or more (50% FTE) on a consecutive basis, immediately preceding appointment to a Regular Status position through a competitive process. The term "service credit" is not applicable to any retirement rights.

   2. Contingent Category II Employees:

      1. Are required to be hired through competitive recruitment and selection;

      2. Are entitled to receive at least the minimum benefits as specified in this policy (Section V.A.);

      3. Shall be given a written performance evaluation under the UMGC's Performance Management Program guidelines set forth in VII-5.20-GC – UMGC Policy on the Performance Management Program;

      4. Subject to conditions stated in paragraph III.B.5. below, may have their contract renewed by executing new contracts of up to one (1) year at a time;

      5. May be eligible for employment status conversion:

         1. After three (3) consecutive years of service in the Contingent Category II at UMGC, Contingent Category II employees who remain employed by the UMGC and have received satisfactory performance evaluations shall be offered the opportunity to convert to a Regular Status position at the conclusion of the initial three (3) years of employment. After conversion, the employee will be subject to all applicable UMGC policies and procedures governing Regular Status employees.

         2. This provision does not apply to employees on internships, those in positions funded through a research/service grant or contract, and those employees who have chosen not to be converted to Regular Status employment at the end of the initial three (3) years of employment.

      6. Shall be entitled to service credit for the time served in this category, if appointed, without a break in service, as a Regular Status employee. The term "service credit" is not applicable to any retirement rights; and 7. Shall have contingent time served in the current position counted toward the probationary period if the employee is converted to Regular Status without a break in service.

   3. Contingent Category III Employees:

      1. Shall be required to be hired through competitive recruitment and selection;

      2. Shall be entitled to receive at least the minimum benefits as specified in this policy (Section V.A.);

      3. Shall be given a written performance evaluation under the UMGC's Performance Management Program guidelines set forth in VII-5.20-GC – UMGC Policy on Performance Management;

      4. May have their contract renewed by executing new contracts of up to one (1) year at a time; and

      5. Shall be entitled to service credit for the time served in this category, if appointed, without a break in service, as a Regular Status employee. The term "service credit" is not applicable to any retirement rights.

4. Terms and Conditions

   1. All Contingent Status employees:

      1. Must meet the minimum qualifications for the position;

      2. Shall be paid at a rate that at least meets the minimum of the pay range for the position. Other compensation changes must be made in accordance with the UMGC Compensation Guidelines;

      3. Shall not have any grievance rights under any State or UMGC policy, unless such policy specifically provides otherwise;

      4. Shall not be entitled to participate in the State Pension System or the State-USM Optional Retirement Program (ORP);

      5. May participate in employee-only contribution tax deferred investment programs, such as 403(b), 457(b), 401(k), that are approved by USM and the State of Maryland, and as permitted by law and regulation;

      6. Shall be covered by applicable Federal and State of Maryland Equal Employment Opportunity and Affirmative Action laws and applicable UMGC policies; and

      7. Shall be considered for a Regular Status vacancy through a competitive search in the same or a similar classification, if they should decide to apply.

   2. Each written agreement (contract) for a Contingent Status employee shall specify:

      1. The appropriate Contingent Category: Category I, Category II or Category III. If it is a Category I appointment, it shall specify whether it is seasonal or intermittent or percentage of time worked;

      2. The salary/hourly rate of pay;

      3. The duration of the contract, including a provision that both the employee or employer have the right to terminate the agreement for any reason following notice as specified in the agreement;

      4. The responsibilities of the position and duties to be performed; and 5. The specific benefits and rates of time off accrual provided.

5. Benefits

   1. The minimum benefits to be provided to Contingent Status employees, on an annual basis, are listed below. These benefits shall be pro-rated for contracts of less than one (1) year and for less than full-time employment.

      1. Basic Time Off Benefits
         Contingent Category II and III employees are eligible for paid time off, which includes:

         1. Contingent II Exempt employees accrue 22 days of Vacation Time Off. For employee’s working 50% FTE or more, employees will earn time off on a prorated basis. Contingent II Exempt employees working less than 50% FTE are not eligible to earn Vacation Time Off. Contingent II Nonexempt employees accrue Vacation Time Off in accordance with the schedule for Regular Nonexempt employees.

         2. Contingent III employees hired on or after January 1, 2006 accrue Vacation Time Off based upon the following schedule:

            From the date of employment through completion of the 3rd year	15 days
            Beginning with the 4th year through completion of the 5th year	17 days
            Beginning with the 6th year through completion of the 8th year	20 days
            Beginning with the 9th year through completion of the 20th year	22 days
            Beginning with the 21st year and thereafter	25 days

         3. Contingent III employees who were hired before January 1, 2006 and were entitled to accrue Vacation Time Off in excess of Section V.A.1.b. of this policy shall continue to accrue time off consistent with the prior accrual plan until the next stage of accrual is reached.

         4. The number of holidays established for each location as set forth in the applicable holiday calendar published and distributed annually.

         5. Contingent II and Contingent III employees accrue 15 days of Sick and Safe Time Off. For employees working 50% FTE or more, employees will earn Sick and Safe Time Off on a prorated basis. Employees working less than 50% FTE are not eligible to earn Sick and Safe Time Off. Sick and Safe Time Off may be used in accordance with UMGC policies and applicable procedures that govern use of Sick and Safe Time Off for Regular Status employees;

         6. Contingent I employees accrue Sick and Safe Time Off at a rate of 0.0334 hours for every hour worked, which is equivalent to one (1) hour of Sick and Safe Time Off for every thirty (30) hours worked, as required by the Maryland Healthy Working Families Act. Contingent I employees may accrue up to sixty-four (64) cumulative hours of Sick and Safe Time Off.

         7. Contingent II and Contingent III employees receive three (3) days of Personal Time Off;

         8. Time off for jury duty if called to serve and such time off is approved by the employee's supervisor; and

         9. Other time off as reviewed and approved by the Vice President of Human Resources or designee.
            Additionally, individual contracts shall address whether time off that is not used by the end of the contract term can be carried over to another contract; whether UMGC shall pay the employee for Vacation and Holiday Time Off; or whether it is forfeited. UMGC shall not pay the employee for unused Sick and Safe Time Off or Personal Time Off. UMGC shall not accept unused time off for a Contingent II employee upon transfer from another USM Institution to UMGC except Sick and Safe Time Off, in accordance with applicable policies and procedures.

      2. Health Insurance Program and Prescription Plan

         Contingent Category II and III employees may elect to participate in the available health insurance programs and prescription plans. Participation shall be in accordance with applicable plan rules and regulations of the Maryland State Department of Budget and Management (DBM) and any applicable Federal rules and regulations. Stateside Contingent Category I employees may enroll in these health benefits without UMGC subsidy or stipend. Overseas Contingent Category I employees are not permitted to enroll in health benefits through UMGC.

      3. USM or UMGC-Sponsored Insurance Programs

         Contingent Category II and III employees may participate in USM or UMGC insurance programs as defined by policy requirements by paying 100% of the premiums directly to the provider.

      4. Tuition Remission

         Contingent Category II and III employees may participate in Tuition Remission as defined by VII-4.10- GC – UMGC Policy on Tuition Remission and Tuition Reimbursement for Active Staff and Faculty Employees and Retirees.

      5. Tax Deferred Programs

         Stateside and Overseas Contingent Category I, II and III employees may participate in Supplemental Retirement plans that are approved by the USM and State of Maryland, such as 403(b), 457(b), 401(k), and as permitted by law and regulations.

      6. Payroll Deductions and Employer-Paid Subsidies

         Contingent Category I, II and III employees shall have any required mandatory payroll deductions and employer-paid subsidies withheld, as required by applicable law. Contingent Category I, II, and III employees may participate in other programs with voluntary payroll deductions, e.g., Charitable Contributions; State Employees Credit Union (SECU).

6. USM Reporting Requirement

   In order to monitor the use of this policy, the President shall require the Vice President of Human Resources to report on an annual basis the usage of Contingent employment at UMGC. The report format shall be provided by the President to the Vice President of Human Resources

Replacement for:

• USM BOR VII-1.40: Policy on Contingent Status Employment for Nonexempt and Exempt Staff Employees