SD10 - Report of the Department of Personnel and Training on Temporary Employees

  • Published: 1986
  • Author: Department of Personnel and Training
  • Enabling Authority: Senate Joint Resolution 128 (Regular Session, 1985)

Executive Summary:
PREFACE

Senate Joint Resolution 128, approved by the 1985 session of the General Assembly, directed the Department of Personnel and Training to study state agencies' use of temporary wage employees and to develop a policy governing the conditions of employment for these employees. It further requested that recommendations be made regarding fringe benefits for some of these temporary wage employees.

ISSUES AND DEFINITIONS

Senate Joint Resolution 128 (See Appendix III) resulted primarily from a concern that the Commonwealth employs wage employees on a full-time basis without offering them the benefits attached to full-time classified employment. In SJR 128, full-time employees were identified as those working 35 or more hours in a work week. To explain the issues, clarification of current categories of employment is necessary.

1. Full-time classified employees - Persons employed in executive branch agencies who work in positions which are funded at 100%. These employees are scheduled to work 40 hours each week for a total of 2080 hours per year. They receive health insurance, life insurance, and retirement benefits as well as full sick and annual leave credits and holiday pay.

2. Permanent part-time classified employees - Persons employed to work a minimum of 50% but less than 100%, 20-40 hours per week, in a specific classified position (1040-2080 hours per year). These employees are entitled to prorated holiday pay as well as prorated sick and annual leave credits based on their percentage of employment. For example, a permanent part-time employee hired in a 50% position would earn 50% of the holiday, sick and annual leave credits allowed for a full-time position. Permanent part-time classified employees do not currently receive health insurance, life insurance or retirement benefits.

3. Wage employees (synonymous with hourly or P-14's) - Persons employed on a temporary, short-term basis who do not receive benefits. According to Rule 8.3(d) of the "Rules for the Administration of the Virginia Personnel Act" regarding use of wage employees, it was intended that " no person regularly employed on a continuing basis shall be paid at an hourly or per diem rate for longer than twelve months without being offered a salaried appointment unless the hourly employment is less than full-time or the employee waives, in writing, appointment to a salaried position."

This study has identified two major issues regarding the use of wage employees.

1. There are wage employees who work sufficient hours in a year to be considered full-time, yet they receive no benefits. Even though these wage employees sign the required waiver to the benefits of classified employment, it can be argued that they are actually due full benefits because they work the requisite hours.

2. There are wage employees who work 20-40 hours per week and receive no benefits, while some permanent part-time employees working the same or fewer hours receive prorated leave benefits. While Rules for the Administration of the Personnel Act do not preclude hiring wage employees to work under the same conditions as permanent part-time employees, having them do so, without receiving the prorated leave and holidays which permanent part-time employees receive, is a questionable employee relations practice.