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Student Employee Eligibility Requirements and Appointment Limits

Policy
Purpose: 

To outline the eligibility criteria and maximum appointment levels for student employment.

Applies to: 

All student employees.

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Topeka
Policy Statement: 

Eligibility criteria and appointment limits for student employees are based on federal and state laws and regulations; the GTA Memorandum of Agreement between the University of Kansas, the Kansas Board of Regents, and KAPE/AFT; and/or University policies.

Eligibility Requirements

Student Hourly, Student Hourly Intern, Student Intern, Student Assistant, and all other Student job titles not specifically mentioned below:

During the semester term of the appointment, the student must be enrolled in no fewer than 6 credit hours. For summer periods, the student hourly must: (1) have been enrolled in no less than 6 hours in the past spring semester; (2) be pre-enrolled in the upcoming fall semester in no less than 6 hours; (3) be enrolled in summer session; or (4) be admitted to study in the upcoming fall semester.

Students may be undergraduate or graduate students.

Graduate Research Assistants:
In order to be eligible for a GRA appointment, a graduate student must meet all of the criteria outlined by the University’s Graduate Research Assistant Appointment Eligibility policy.

Graduate Teaching Assistants:
In order to be eligible for a GTA appointment, a graduate student must meet all of the criteria outlined in the Graduate Teaching Assistant Memorandum of Agreement and the University’s Graduate Teaching Assistant Appointment Eligibility policy.

Graduate Assistants:
In order to be eligible for a GA appointment, a graduate student must meet all of the criteria outlined by the University’s Graduate Assistant Appointment Eligibility policy.

Non-KU Student Employees:
The hiring of non-KU students as student employees is prohibited unless authorized by the Department of Human Resource Management (HRM) for a sanctioned University program. Such individuals must be employed as temporary, unclassified professional staff in accordance with the hiring processes established by the Department of Human Resource Management.

Students Less than 18 Years Old:
If a student being considered for hire is less than 18 years old, certain requirements established by the Child Labor Law portion of the Fair Labor Standards Act (FLSA) must be met, and the appointment must be approved by the Department of Human Resource Management before the student begins work. The Child Labor Law requirements relate to hours of work and types of job duties that can be performed. Such individuals must not be younger than 16 and must be employed as temporary, unclassified professional staff in accordance with the hiring processes established by the Department of Human Resource Management. In addition, such students cannot be supervised by their family members.

Maximum Appointment and Hours Worked Levels

For ACA eligibility purposes, all hours worked must be counted for all active appointments with the University and appointments with any other State agency within the past 12 month period. Human Resource Management determines what work hours count toward ACA eligibility, incorporating the application of rules regarding breaks in service.

Undergraduate Student Hourly Appointments:
Appointment(s) of undergraduate students to student hourly job titles during the academic year, when classes are in session, shall not exceed the equivalent of a 50% full-time equivalency (FTE) appointment (20 hours weekly). The 20 hours limitation applies to total hours worked on all combined campus student hourly appointments, excluding those funded by federal work study.

Appointment(s) of undergraduates to student hourly job titles during the summer or when classes are not in session may be at a 100% full-time equivalency (FTE) level (40 hours weekly).

Appointments of Graduate Students:
Appointments of graduate students to student hourly appointments or to any combination of student job titles during the academic year, when classes are in session, shall not exceed the equivalent of a 72.5% full-time equivalency (FTE) appointment (29 hours weekly). For example, a graduate student with a 50% full-time equivalent (FTE) appointment may work up to 9 hours a week in a student hourly position.

Graduate students’ primary association with the University is to progress and complete their degree program. Keeping that academic goal in mind, appointing departments will monitor student hours worked. Employment for an average of 29 hours during the academic year assists in maintaining the balance between academic progress and University employment. During the summer or when classes are not in session, the number of hours worked is at the discretion of the appointing department, not to exceed 40 hours. Please make note of exceptions provided in the “Exclusions and Special Circumstances” section below.

International Students:
International students may not work more than 50% FTE (20 hours weekly) during the academic year due to Visa restrictions.

Student Reporting of Hours Worked for Pay Purposes

Students paid hourly:
Pay for an hourly employee is based on actual hours worked and reported. Student hourly employees are required to report actual hours worked daily by a time collection device unless authorized by the Director of Human Resource Management to use another reporting method.

Students paid on a salaried basis and holding the job titles of Graduate Teaching, Graduate Research Assistants (GTA/GRAs) and Graduate Assistants (GAs):
Pay for salaried GTAs, GRAs, and GAs is based on a biweekly rate of pay. Any reporting of actual hours is required only for purposes of determining eligibility for the employer group health insurance plan pursuant to the Affordable Care Act (ACA) and will not affect pay.

Responsibility for Monitoring Appointments and Hours Worked

Campus units that appoint employees are responsible for ensuring employees do not exceed the maximum appointment levels based on hours worked or FTE, taking into consideration all active University appointments on all University campuses/sites and with all State of Kansas agencies.

Any resulting financial obligations will be incurred by the unit(s) with any and all current, employing appointments.

The criteria for determining hours credited for health insurance eligibility pursuant to ACA are specified in the Employee Eligibility Requirements for the Affordable Care Act (ACA) policy.

Failure by employees to accurately report actual hours worked or falsification of hours worked for ACA purposes will be reviewed to determine if there may be grounds for disciplinary action, up to and including termination of employment.

Exclusions or Special Circumstances: 

The University offers the Kansas Board of Regents GTA/GRA/GA student health insurance plan to eligible graduate student employees, including a 75% employer-provided premium contribution.

Exceptions to the appointment limits for graduate student employees during the academic year, in the summer, or when classes are not in session may be authorized by the appropriate dean(s) or vice provost(s), thereby accepting any ensuing fiscal responsibility of those exceptions. Exceptions for GTA appointment FTE must comply with the provisions of the GTA Memorandum of Agreement.

Consequences: 

Any resulting financial obligations will be incurred by the unit(s) with any and all current, employing appointments.

Failure by employees to accurately report actual hours worked or falsification of hours worked for ACA purposes will be reviewed to determine if there may be grounds for disciplinary action, up to and including termination of employment.

Contact: 

Department of Human Resource Management
109 Carruth O’Leary Hall
1246 West Campus Road
Lawrence, Kansas 66045
785-864-4946
hrdept@ku.edu

Approved by: 
Provost and Executive Vice Chancellor
Approved on: 
Thursday, July 24, 2014
Effective on: 
Thursday, July 24, 2014
Review Cycle: 
Annual (As Needed)
Definitions: 

ACA eligible: Employees who meet the criteria established by the Affordable Care Act and the State of Kansas Health Care Commission for being offered employer-sponsored health insurance

Keywords: 
ACA, ACA eligible, Affordable Care Act, appointment levels, appointment limits, appointments, Child Labor Law, Fair Labor Standards Act, FLSA, FTE, full-time equivalent, GA, Graduate Assistant, GRA, Graduate Research Assistant, Graduate Teaching Assistant, GTA, health insurance, hourly employee, hours approval, hours reporting, hours worked, HR/Pay System, international students, maximum appointment levels, student assistant, student employee, student employment, student employment eligibility, student employment limits, student hourly, student intern
Review, Approval & Change History: 

06/21/2016: Updated DLR

09/10/2015: Revision - better explained fringe-related liabilities for employing units of ACA Eligible employees.

01/20/2015: Policy formatting cleanup (e.g., bolding, spacing).

07/24/2014: This policy was drafted by Human Resources. The draft was circulated to deans, vice provosts, and vice chancellors for comment. After revising the policies in light of comments received, the policies were discussed with graduate students and faculty researchers. Finally, the drafts were reviewed and endorsed by the Director of Human Resources, the Associate Vice Provost for Human Resources Management, General Counsel, and the Vice Provost for Administration & Finance prior to final approval from the Provost.

Personnel: Student Employees Categories: 
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