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STUDENT EMPLOYMENT RULES

Table of Contents

RULE 1 Student Employee and Supervisor Rights and Responsibilities

RULE 2 Discrimination and Political Activity

RULE 3 Position Classification Plan

RULE 4 Compensation

RULE 5 Recruitment and Employment

RULE 6 Employee Performance Ratings

RULE 7 Work Hours, Attendance, Holidays

RULE 8 Authorized Leaves of Absence and Student Employee Benefits

RULE 9 Job Abolishment, Termination, Resignation

RULE 10 Discipline, Dismissal, and Protection from Retaliation

RULE 11 Grievance Procedure

RULE 12 Health and Safety and MERTKA

Rule 1: Student Employee and Supervisory Rights and Responsibilities

        Section 1 - Rights

Student employees shall have the right to:

*Contribute to the performance evaluation of his/her supervisor. The evaluation form found in the student handbook should be used and must be signed by the student employee. The written comments will be taken into consideration as part of the supervisor's annual evaluation. The supervisor has the right to see any written comments provided by his/her employees.

* Receive a copy of these Rules from the hiring department upon initial appointment to a position.

                    *Obtain information from supervisors and administrators clarifying supervisory lines of
                    responsibility; specifying assigned hours of work, tasks, duties and responsibilities of their 
                    positions: establishing standards of performance expected in their work; and communicating     
                    work performance and what they can do to improve.        

*Review their personnel file in the hiring department or the Student Employment Center. Procedures for review shall be established by the Student Employment Center in accordance with State law and University policy.

* Grieve supervisory action as defined in Rule 11.

    Section 2 - Duties and Responsibilities

Student employees are charged with the duties and responsibilities of:

* Performing tasks assigned to them by their supervisor in accordance with work standards established by supervisors and administrators.

* Communicating with their supervisors to clarify their understanding of departmental work rules; organization of work, policies, lines of authority, job duties, work schedules, and performance standards.

* Developing work and personal habits that contribute to the satisfactory performance of work and that do not cause the University any loss of time, property or reputation.

    Section 3 - Supervisory Rights and Responsibilities

Department Heads, Administrators, and Supervisors shall:

*Exercise all rights inherent in the management process with respect to the supervision of personnel not denied to them by these Rules or other University policies.

* Establish the number of hours of work assigned to the student employee and the schedule of hours the employee shall work.

                    * Assign tasks and responsibilities to the student employee.

                    * Establish work rules and standards of performance for the student employee.

* Regularly communicate to student employee acceptability of their performance and/or methods for improvement.

* Shall provide a workplace free from sexual harassment (see definitions), coercion, and discrimination, and shall be familiar with all other current equal opportunity and affirmative action policies and procedures, copies of which may be obtained from the Equal Opportunity and Affirmative Action Office.

* Provide a copy of these rules to students upon hire and provide initial job orientation for each student employee.

Rule 2: Discrimination and Political Activity

    Section 1 - Discrimination

Discrimination on the basis of race, color, religion, sex, including sexual harassment, marital status, public assistance status, disability, age, sexual orientation, national origin, veteran status, political opinions, affiliation with any union or other organization representing the interest of public employees is forbidden by the University of Minnesota.

It is unlawful for any person in the University of Minnesota service, on the basis of prohibited discrimination, to (1) refuse to hire an individual; (2) maintain a system of employment that unreasonably excludes an individual from employment; (3) discharge an individual; or (4) discriminate against an individual with respect to hire, employment terms, promotion, or privileges of employment. A person in the University of Minnesota service may not encourage or compel, or attempt to encourage or compel, any action forbidden by the University.

    Section 2 - Political Activity

No student employee of the University shall be required to pay or be allowed to solicit or receive any assessment, contribution, or subscription for political purposes whatsoever during work hours.

No officer or employee of the University shall directly or indirectly use the officer's or employee's authority or official influence to compel any student employee to apply for membership in or become a member of any political organization; to pay or promise to pay any assessment, subscription, or contribution; or to take part in any political activity.

Rule 3: Position Classification Plan

    Preparation of the Position Classification Plan

The Plan shall classify all University Student Employment positions in accordance with the University Student Employment Classification Plan. Positions shall be classified equitably and shall fairly compensate students in relation to other employees at the University, in the local community and in the State of Minnesota.

Rule 4: Compensation

The person in charge shall assign classifications and salary rates comparable with non-student rates as defined by the Civil Service Compensation Plan. Access to the current compensation plan shall be provided to employees upon request to the Student Employment Office.

The person in charge of Student Employment shall formulate compensation policies for the regulation of salary increases, hiring rates. Such compensation policies shall be comparable with Civil Service policies to the extent that they are not inconsistent with other provisions of Student Employment Rules.

Rule 5: Recruitment and Employment

    Section 1 - Eligibility for Student Employment

The person in charge shall establish registration requirements for Student Employment eligibility and shall post and distribute registration requirements to students and employers. Students must meet registration requirements at the University of Minnesota, Duluth, to use the services of the Office of Student Employment.

To be eligible for student status, a student must be registered for a minimum number of credits each quarter, or if appropriate, each semester, as follows:

• 6 credits per semester for undergraduate students
• 3 credits per semester for graduate school
• 6 credits per semester for students enrolled at non degree undergraduate status (students admitted and registered through UMD Continuing Education)
• 3 total credits in summer terms for graduate students (May and Summer term enrollments can be combined to determine total credits

  Students who work on formal internship programs approved by a department as part of a planned program are also eligible for student status.

Students who graduate, leave school, or who fail to meet registration requirements shall lose eligibility for Student Employment. Student employees who lose student employment eligibility must be terminated from Student Employment immediately.

Students must be enrolled to receive work-sutdy funds. Students enrolled for a minimum of 6 credits spring semester, and who will return fall semester, may be employed under miscellaneous employment during the summer term without summer enrollment.

    Section 2 - Student Priority and Announcement of Employment Opportunities

The Office of Student Employment shall receive and post all University jobs of 29 hours (or less) per week. University of Minnesota, Duluth, students shall have first priority for any vacant University position of 29 hours per week or less posted by the Office of Student Employment.

The Office of Student Employment will also post student employee positions for 30 or more hours per week upon request.

Announcements of all local vacancies shall be posted on the Office of Student Employment website.

Posting requirements may be waived upon request for positions of 29 or less working days.

A minimum of three work days or five student applications referred shall elapse between the initial posting of an announcement concerning a vacancy and the date of closing the position to additional referrals.

Application for Student employment shall be made on forms and in such a manner as prescribed by the Office of Student Employment and upon submission to that office shall become the property of the Board of Regents of the University of Minnesota.

    Section 3 - Student Employment Procedures and Files

The University file access policy must conform to appropriate State on Minnesota and Federal laws. Access to the current file access policy shall be provided to the student employee upon request to the Office of Student Employment. The official personnel file for each student is the one maintained in the Office of Student Employment. File locations may be changed when necessary as determined by the office.

    Section 4 - Types of Appointment

Temporary appointments may be made for positions which have a beginning and ending date and a duration of no more than 29 working days.

    Section 5 - Nepotism

Relatives may work for the University provided that there will be no immediate supervisory relationships. Relatives include: 1. by blood or adoptive relationship; parents, grandparents, children, grandchildren, brothers, sisters or 2. by marriage relationship; husbands, wives, brothers- or sisters-in-law, fathers- and mothers-in-law, sons- or daughters-in-law, stepparents, stepchildren.

Rule 6: Employee Performance Ratings

Upon initial appointment, each student employee should be given a clear understanding of what criteria will be used to evaluate performance. (Evaluation form will be given to employee.)

The Office of Student Employment is responsible for administering a performance evaluation plan in which employers are encouraged to review the quality and quantity of their employees' work and communicate the evaluation to the employees.

A student employee shall be rated by his or her immediate supervisor after the first quarter of employment and at last pay period of employment. Each student employee shall be informed by his or her supervisor of each performance evaluation made by the supervisor at the time of such rating.

Each student employee has the right to receive his/her performance evaluation and any subsequent changes or additions to the evaluation made by a higher supervisor or department head. Such changes shall be discussed with the student employee.

Each student employee has the right to review with the Office of Student Employment the performance evaluation, comments by supervisors and administrators, and any letters relating to work or performance ratings in the student's official personnel file (Rule 1, Section 1 and Rule 5, Section 3).

Rule 7: Work Hours, Attendance, Holidays

    Section 1 - Work Hours

Student positions at the University may be part-time or full-time. The normal fulltime work week shall be 40 hours per seven day work week.

Scheduled unpaid meal periods interrupting a work shift shall be not less than 30 minutes nor more than 45 minutes. If a work shift is extended to more than eight hours, additional or longer meal periods may be scheduled as warranted. Meal periods are unpaid. Student employees who work a minimum of 4 hours in one shift shall be granted a 15 minute paid rest period during each consecutive 4 hours of work. Rest periods for student employees working regularly scheduled shifts of more than 8 hours may be extended proportionately if only one break is scheduled during each half of the shift.

Split shifts shall be avoided whenever possible. No split shift shall extend the working hours of a student employee over a period of more than 13 hours in any 24 hour period.

    Section 2 - Holidays

Student employees paid on an hourly rate who are required to work on any official University holiday shall be paid at the rate of time and one-half for the hours worked.

Student employees paid on an hourly rate who are not required to work or cannot work because their department is closed on any official University holiday are not paid for the holiday.

    Section 3 - Official University Closings

Departments and student employees shall follow the policies and procedures established by the University President and/or Chancellor for official University closings.

Rule 8: Authorized Leaves of Absence

    Section 1 - General Regulations Governing Leaves of Absence

Leaves of absence include, but are not limited to: vacation, sick leave, jury duty, voting in specific elections, military duty, and parental leave. Student employees shall be eligible only for leaves of absence without pay, except as defined in Rule 8, Sections 3 and 5. Special rules explained below govern leaves of absence for College Work-Study student employees.

Leaves of absence may be granted only when employees submit requests to their supervisor within a reasonable time before the desired leave, or in the case of sick leave or emergencies, as soon as possible.

All leaves of absence of more than five regularly scheduled work days must be documented by the department with a copy to the student employee and a copy to the Student Employment Center.

Federal and state College Work-Study regulations specify that students employed under the College Work-Study Program may only be paid for actual hours worked and are eligible for employment based on individual financial need within a fiscal year. Therefore, College Work-Study student employees are not eligible for paid leaves of absence as described in this section nor for unpaid leaves beyond the period of financial aid eligibility in the fiscal year.

    Section 2 - Parental Leave

A student employee who has completed a minimum of 9 consecutive months of employment in a department at an average of 20 hours or more per week, shall, upon request, be granted a 6 week unpaid leave of absence in conjunction with the birth or adoption of his or her child. The student employee must be a biological parent or adoptive parent and the leave must be requested in conjunction with the birth or adoption of his or her child.

College Work-Study employees are eligible for unpaid leave if the leave does not extend beyond the period of financial aid eligibility within the fiscal year.

    Section 3 - Military Leave

Except for College Work-Study employees, student employees shall be granted a paid leave of absence for required service in the National Guard or military reserve up to a maximum of 15 work days in a calendar year. Paid military leave shall cover only those hours the student employee is regularly scheduled to work or, should hours be scheduled irregularly, the average number of hours the student has worked per week for the 10 weeks preceding the leave of absence.

Note: Federal and state College Work-Study regulations do not permit payment for time not actually worked. Students employed under the College Work-Study Program must, however, be granted an unpaid leave of absence for military service described in the above paragraph, up to, but not beyond, the period of financial aid eligibility within the fiscal year.

Except for College Work-Study employees, student employees who are in continuing positions with no specified ending date shall be granted unpaid leaves of absence for up to four years for active duty in the regular military service, or for initial training in the National Guard or military reserve, provided that: 1) the employee's position has not been abolished or their term of employment expired; 2) the employee is not physically or mentally disabled from performing the job and; 3) the employee submits evidence of satisfactory service. Written application for reinstatement must be received within 90 days of termination of regular active duty or within 31 days or completion of initial training in the National Guard or military service.

Note: Federal and state College Work-Study regulations require employment to be based on a student's financial need within a specific fiscal year. For this reason, the University cannot guarantee continued employment for students on College Work-Study appointments beyond the period of financial aid eligibility within the fiscal year.

    Section 4 - Jury Duty

Except for College Work-Study employees, student employees shall be granted unpaid leaves of absence for required jury duty.

College Work-Study student employees are eligible for unpaid leaves of absence, up to, but not beyond, the period of financial aid eligibility within the fiscal year.

    Section 5 - Voting

Except for College Work-Study employees, student employees shall be granted paid leaves of absence to vote during the morning hours of any state-wide general election or in any election to fill a vacancy in the office of United States senator or representative. Paid leaves to vote shall cover only those hours the student employee is regularly scheduled to work and shall be reasonable in relation to voting site location and distance.

Federal and State College Work-Study regulations do not permit payment for hours not actually worked. However, upon request, College Work-Study students must be granted an unpaid leave of absence to vote in elections as described in the above paragraph.

    Section 6 - Reinstatement from Leave of Absence

A student employee granted a leave of absence must be returned to his or her employment in the same classification and department at the expiration of the leave. Such student employee may return to employment before the leave expires upon his or her supervisor's approval.

A student employee who is terminated before his or her leave expires because his or her position has been abolished may seek employment by using the services of the Student Employment Center.

    Section 7 - Documentation

A department head and/or immediate supervisor may require written documentation supporting paid and unpaid leave-of-absence requests prior to granting a paid or unpaid leave of absence to a student employee.

Rule 9: Job Abolishment, Termination, and Resignation

    Section 1 - Job Abolishment

A supervisor may terminate a student employee because of abolition of position, shortage of work or funds, or other reasons beyond the student employee's control which do not reflect discredit on the student employee's services.

    Section 2 - Termination

A department terminating a student employee for reasons other than disciplinary (see Rule 11) must provide written notice of the termination at least 10 University working days prior to the student employee's last day of work. A copy of the notice must be sent to the Student Employment Center.

    Section 3 - Resignation

A student employee may resign by presenting his or her resignation in writing to the supervisor. To resign in good standing, an employee must give the supervisor at least 10 University work days prior notice. The employer may waive this requirement.

Rule 10: Discipline, Dismissal, and Protection from Retaliation

    Section 1 - Discipline

Supervisors may discipline student employees only for just cause.

Discipline may take the form of oral warning, written warning, suspension without pay and dismissal though they do not have to be taken in that order.

Supervisors must make a record of disciplinary action except for oral warnings with a copy to the official personnel file and a copy to the student employee outlining the problems and, if possible, summarize their history, previous discussions between the supervisor and the student employee, and previous disciplinary action, if any. Present disciplinary action being taken must be clearly stated.

Disciplinary action shall become effective upon the supervisor's communication of the action to the student employee. A student employee may appeal any disciplinary action in accordance with Rule 11.

    Section 2 - Dismissal

Student employees shall receive a written statement of reasons for dismissal with a copy to the official personnel file.

The student employee may appeal a dismissal during the ten day University work day period in accordance with Rule 11. The appeal shall not affect the effective date of the dismissal.

    Section 3 - Protection from Retaliation

Supervisors may not take disciplinary action against an employee who, in good faith, reports a violation of any federal or state law or regulation to a governmental body or law enforcement official. Disciplinary action may not be taken against an employee who is requested by a public agency to participate in an investigation, hearing, or inquiry as well as an employee who refuses to participate in any activity that the employee, in good faith, believes violates any federal or state law or rule or regulation adopted pursuant to law.

A student employee who willfully practices or has attempted to practice any deception or fraud in his or her eligibility or appointment may upon discovery and proof thereof be dismissed or otherwise appropriately disciplined. Charges alleging such deception or fraud may be initiated by the department in which the student employee is working at the time or by the Office of Student Employment, in conformity with the provisions of those rules relating to notice of dismissal. Students may appeal such decision in accordance with the provisions of Rule 11.

Absence for three consecutive work days without authorization shall be considered a resignation, in accordance with Rule 8, Section 5.

Rule 11: Grievance Procedure

Rule 11: Grievance Procedure

Effective immediately, all grievances are handled by the Office of Conflict Resolution. Please see web site below for instructions:

http://www1.umn.edu/ocr/

Rule 12: Health and Safety and MERTKA

At the time of hire or reemployment, employees shall be informed by their supervisors of the Minnesota Employees Right-To-Know Act (MERTKA), regarding potentially hazardous substances or situations encountered in the workplace.

Departments are responsible for providing and maintaining work areas that meet with health and safety standards required by State and Federal law. Each department shall have a designated safety coordinator to be the departmental liaison with the University's Department of Environmental Health and Safety. Supervisors shall take steps for the safety of employees within the work area.

Employees shall report health and safety concerns and problems to their supervisors. Supervisors must respond promptly to the concerns and/or problems until such time as the problem is resolved. Supervisors should consult with their departmental safety coordinator to determine if there is a need to make use of the services of the Department of Environmental Health and Safety Services. These services include such items as fire safety evaluations, measurement of noise and radiation levels, and analysis of biological, chemical, and all other hazards.

Employees shall immediately report on-the-job accidents and injuries to their supervisors. The supervisor shall take appropriate steps to insure that the employee's injury is not further aggravated and to enable the employee to obtain care for the injury. This may include the provision of first aid services, medical services, ambulance services, or transportation to a hospital, or it may require taking or sending the employee home. The supervisor shall report these incidents to the designated safety coordinator for that department and submit an accident report (First Report of Injury) within 48 hours of the accident to the Student Employment Center, whether or not injury resulted.

Employees whose on-the-job injury prevents them from performing their regular duties, and who are physically and mentally able to perform in a satisfactory manner, shall be hired in vacant positions for which they are certifiable, at the same or lower pay range, ahead of all other applicants (except laid-off employees).