177.0 VII-P1.00-POLICY ON ESTABLISHMENT AND ASSIGNMENT OF JOB GROUPS
(Approved by the USM-Board of Regents, June 9, 1995 and effective July 1,
1996; Technical Amendment approved by the Chancellor June 15, 2001)
I. PURPOSE AND APPLICABILITY
This policy establishes the job groups of "Nonexempt" and "Exempt" for
Staff employees based upon the application of the Fair Labor Standards Act,
Title 29 United States Code (FLSA 29 U.S.C.) for all USM staff positions
and job classes. This policy does not apply to Faculty employees.
II. USM STAFF JOB GROUPS
A. Based upon the legally mandated distinctions contained in the Fair
Labor Standards Act (FLSA 29 U.S.C.), the USM job evaluation and pay
programs shall be comprised of two Staff job group designations.
1. Nonexempt - Maintenance, Office, Service, Technical and
2. Exempt - a.) CEOs - Chancellor and Presidents
b.) Officers - Vice-Chancellors ,Vice-Presidents,
Provosts, and Deans performing an administrative
c.) Managers, Administrators, and Professional Staff
B. Assignments to job groups shall be made in accordance with the Fair
Labor Standards Act (FLSA 29 U.S.C.) Department of Labor official tests
for Nonexempt and Exempt group designations.
C. The designations of Nonexempt and Exempt are used to address Staff
employee policies contained specifically in Section VII of this USM-BOR
D. Faculty - This policy does not apply to Faculty employees or jobs.
Even though Faculty jobs are considered to be Exempt from overtime pay
under the FLSA regulations, the job groupings designated in this policy
do not apply to Faculty. A USM employee holding a Tenured or Tenured
Track Faculty Rank and working on a concurrent administrative appointment
shall not be considered a Staff employee, serves at the pleasure of the
CEO and remains subject to USM policies applicable to faculty. Faculty
employees are covered by policies in Section II of this USM-BOR policy
manual. See USM-BOR II-1.00 Policy on Appointment, Rank and Tenure of
Faculty, and USM-BOR II-1.03 Policy on Concurrent Faculty and Administrative
III. JOB SUBGROUPS
The Chancellor or designee shall develop subgroups for Nonexempt and
Exempt job groups when necessary and appropriate.
IV. EMPLOYMENT STATUS GROUPS
USM Staff employees may be appointed to a Regular Status or a
Contingent Status position.
A. Regular Status - Any position that is established as a line item and
appears in the personnel detail of an institution's budget. Employees
on Regular Status are eligible for all benefits offered by the USM, based
on percentage of time worked.
B. Contingent Status - Any position established through a written agreement
between the USM and a person, who shall provide personal services to an
institution for pay and for a specific period of time. Employees on
Contingent Status shall not be eligible for retirement plans offered
through the USM. See USM-BOR VII-1.40-Policy on Contingent Status
Employment for further information.
1. Contingent Category I - Not eligible for USM benefits
2. Contingent Category II - Eligible for USM benefits as defined in the
USM-BOR VII-1.40-Policy on Contingent Employment
V. DESIGNATION OF FULL-TIME AND PART-TIME EMPLOYMENT
Designation of full-time and part-time employment may be used for both
Regular Status and Contingent Status Staff positions.
A. Full-time employment - The position is designated as 100% Full Time
Equivalent (FTE) and the employee is scheduled to a 40 hour workweek.
B. Part-time employment - The position is designated as less than 100%
FTE and the employee is scheduled to work less than a 40 hour workweek.
Employees in this group must work at least 50% FTE in order to be eligible
for benefits. Benefits are prorated based on percentage of time worked.
Each Chief Executive Officer shall identify his/her designee(s) as
appropriate for this policy; shall develop procedures as necessary
to implement this policy; shall communicate this policy and applicable
procedures to his/her institutional community; and shall forward a copy
of such designations and procedures to the Chancellor.
The following policies, as they apply to Nonexempt employees of the USM,
are replaced effective July 1, 1996. Additionally, these policies, as
they apply to Exempt employees are replaced effective January 1, 2000.
UM Personnel Policies and Rules for Associate Staff, Positions
and Appointments, Paragraph A. Establishment of Positions, page 1;
Employment Standards for Associate Staff, Paragraph A. Compensation
of Associate Staff, page 5.
UM Personnel Policies and Rules for Classified Employees,
Section IV, Classification, Overtime, Paragraphs 3. Group I, 4.
Group II, and 5., pages V-3, V-4; Group I Listing, page V-7;
Section II. Classified Employment, Appointments, Paragraph 1.
Regular, page II-12.
Laws Relating to and Governing Policies and Procedures of the
BTSUC, Section VI, Administrative Officers - Paragraph A.
Definition, page VI-1; Section IX, Professional Librarians -
Paragraphs A. Definition of Professional Librarians; B. Director
and Associate Director of Library, page IX-1; F. Definition of
Library Technician, page IX-3.
UM BOR Policies and Procedures Manual, III-2.ll Presidential
Classification on Appointments for Computing Center Directors,
page III-2.ll-l; III-2.19 If and When Needed Appointments, page
III-2.19-1 and 2.
Bylaws, Policies and Procedures of the BOR-UMS, VII-1.00, Interim
University System Policy on the Appointment and Employment of
Administrative and Classified Personnel, Sections I.B.2., page
VII-1.00-1; I.B.3., page VII-1.00-2.
Additionally, this policy supersedes, in whole or in part, any
policy(ies) and/or procedure(s) established by the Regents,
Trustees, Presidents, or their designees, of the former
institutions of the University of Maryland, and of the former
State Universities and Colleges, and of the Regents of the
University of Maryland System that are in conflict with this
policy's purpose, applicability, or intent, that may have been
overlooked and not included as a specific citation under