Administrative Policies and Procedures Manual - Policy 3200: Employee Classification

Date Originally Issued: 10-15-1995
Revised: 01-01-2012
Subject to Change Without Notice

Authorized by: UNM Regents' Policy 6.3 "Privileges and Benefits"
Process Owner:  Vice President for Human Resources

1. General

This policy describes the various classifications of positions in terms of employment FLSA designation (exempt or nonexempt) and employee status definition (full-time, part-time, term appointment, contract, temporary, and on-call). This policy does not pertain to the University’s Staff Position Classification system.  For information regarding position classification of staff employees, refer to “Wage and Salary Administration” Policy 3500 UBP. This policy addresses staff employees only. For information on faculty, students, and graduate assistants, contact the University Faculty Contracts Office, the University Student Financial Aid Office, and the University Graduate Studies Office, respectively. For information on independent contractors refer to "Purchasing Professional Services From Independent Contractors" Policy 4325, UBP.

2. Employee Fair Labor Standards Act (FLSA) Designation

The Fair Labor Standards Act, as amended, classifies employee positions as either "exempt" or "nonexempt." The FLSA classification designation of a position determines how an employee may be paid, among other things, for hours worked in excess of forty (40) hours per week and whether or not they are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act. The University Division of Human Resources determines which positions will be exempt or nonexempt.

2.1. Exempt Employees

Exempt employees are salaried employees and are paid on the monthly payroll and are not subject to the minimum wage and overtime provisions of the Fair Labor Standards Act. Exempt employee positions include such positions as directors, managers, and professional staff, such as engineers, attorneys, and physicians. This list is for illustrative purposes only, and is not meant to be all inclusive. See "Overtime" Policy 3305, UBP and "Compensatory Time" Policy 3310, UBP for information on compensation for overtime hours.

2.2. Nonexempt Employees

Nonexempt employees are employees paid on an hourly basis and are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act. Nonexempt staff employees are paid on the bi-weekly payroll and hours worked are reported on a time sheet. They are entitled to premium compensation for overtime work. Non exempt employee positions include such positions as secretarial, clerical, maintenance, and service workers. This list is for illustrative purposes only, and is not meant to be all inclusive. See "Overtime" Policy 3305, UBP and "Compensatory Time" Policy 3310, UBP for information on compensation for overtime hours.

3. Regular Employees

Regular employees are appointed for an indefinite period of time subject to satisfactory performance and availability of funding.

3.1. Regular Full-Time Employees

A regular full-time employee is normally scheduled to work at least forty (40) hours per week.

3.1.2. Regular Part-Time Employees

A regular part-time employee is normally scheduled hired for an indefinite period of time and is scheduled to work less than forty (40) hours per week. 

4. Term Appointment Employees

 A term appointment employee is hired (full-time or part-time) into a position that is designated to run for a defined period of time. This may happen for various reasons; such as, the position is funded from non-recurring sources (e.g. contracts and grants) or the position is needed to complete a special project. Term employees are normally hired for periods greater than three (3) months and less than three (3) years.

Employees hired for a term appointment will be separated from the University as of the specified date unless the supervisor notifies the employee that the appointment will be extended. For the specified period of appointment, term employees are entitled to all other rights and privileges as regular status employees, except the right to grieve separation at the end of the appointment. Term appointment employees are not placed on layoff status at the end of the appointment. For information on layoff status refer to "Separation of Employment" Policy 3225, UBP.

5. Contract Employees

Contract employees are hired into certain senior positions designated by the President to serve for a specific period of time. The responsibility associated with the position is judged to be such that the University must reserve the right to renew or not renew the contract of the incumbent in the position when such contract expires. Contracts are normally written for one (1) year terms. Except for the University's right either to renew or not renew an administrator's contract, and except for matters specifically set forth in such contract (including duties and salary), the benefits, terms, and conditions of employment of an administrator on contract shall be governed by the University's personnel policies and procedures, found in Section 3000 of the University Business Policies and Procedures Manual. For further information refer to "Contract Employees" Policy 3240, UBP.

6. Temporary Employees

A temporary employee is hired to work a reasonably predictable schedule, full-time or part-time, for a period not to exceed six (6) months. Temporary positions are normally not renewable; however, extensions may be granted with the approval of the employee's dean, director, or department head, and the Division of Human Resources. Individuals hired on six (6) month professional service appointments are classified as temporary employees. Refer to Section 4.7. "Staff Recruitment and Hiring" Policy 3210, UBP.

7. On-Call Employees

An on-call employee is employed on an intermittent basis to work special events, during peak work periods, to fill in for an absent employee, and in other similar circumstances. An on-call position may be renewed by the employee's dean, director, or department head subject to approval from the Division of Human Resources for approval. Refer to

"Staff Recruitment and Hiring" Policy 3210, UBP

.

8. Employees Holding Multiple Positions

An employee working two (2) regular part-time positions, totaling forty (40) hours per week, will be considered a regular full-time employee. If the total hours regularly worked are less than forty (40), the employee will be considered regular part-time. An employee working a regular part-time and a temporary or on-call position will be considered a regular part-time employee.  An employee may not be routinely paid on more than one (1) payroll (such as both monthly and biweekly). If employed in two (2) positions, one (1) exempt and one (1) nonexempt, the employee will be considered nonexempt and both positions will be paid on the biweekly staff payroll.

9. Change from Temporary or On-Call to Regular Status

When a position is changed from temporary or on-call status to regular, term appointment, or contract status, the position is considered to be a new position and should be treated in accordance with "Staff Recruitment and Hiring" Policy 3210, UBP. The incumbent of the temporary or on-call position may be considered along with other applicants for the regular position.

10. Positions Covered Under a Collective Bargaining Agreement

Some regular staff positions at 0.5 FTE or greater are covered under a Collective Bargaining Agreement (CBA).  Position titles covered under a CBA will have this noted on the Position Description under “conditions of employment.”  For terms that may differ from University Policy or questions regarding labor relations at UNM, please go to the Labor Relations Section on the