4.23.3 Multiple State Employment

A. Purpose

Employees of The University of Texas at Tyler may be employed concurrently by other state agencies or institutions subject to the following procedures.

B. Authority/Persons Affected

Persons affected: All employees

C. Definitions

N/A

D. Policy and Procedures

  1. The Board of Regents’ Rules and Regulations establishes policy concerning members of the faculty or staff of component institutions of The University of Texas System engaging in outside employment that encompasses multiple state employment. The Regents’ Rules and Regulations address the issue of employment in two positions within state government. The Texas Government Code sets forth certain provisions pertaining
    only to multiple employment with the State of Texas which are enumerated in this policy memorandum.
  2. A person who is legally employed by more than one Texas state agency or institution of higher education may not receive benefits from the state in excess of those provided for one full-time employee. The person is subject to the following provisions and must be informed of them before the person becomes employed by more than one agency or institution:
    1. Separate vacation and sick leave records must be maintained for each employment.
    2. Upon termination from one employment, the leave balances accrued under that employment may not be transferred to the remaining employment.
    3. The person accrues state service credit for all purposes as if the employee had only one employment.
    4. The state’s contribution toward the employee’s benefit replacement pay will be subject to the overall individual limit.
    5. The total state contribution toward an employee’s group insurance is limited to the amount specified for full-time active employees. The employee may choose the insurance program of only one of the employing entities for the employee and/or departments. That entity will be responsible for the entire state contribution to premium sharing, however, arrangements can be made by interagency agreements to share the state’s contribution proportionally.
    6. Situations of multiple employment for an individual who holds a non-exempt position should be avoided. If a non-exempt employee works in a multiple employment capacity, he or she is subject to the overtime provisions of the Fair Labor Standards Act, and will have all combined time worked in excess of forty hours per week considered as overtime.
    7. For purposes of multiple employment, the components of The University of Texas System are considered separate agencies, thereby allowing exempt employees to work at more than one institution and be paid for all hours worked. Exempt employees may hold positions at two or more components for up to fifty hours (125% appointment) in a workweek. If the total hours of appointment exceed fifty, then review and approval by the Executive Vice Chancellor for Health Affairs or the Executive Vice Chancellor for Academic Affairs, as appropriate, is required. If an employee is employed for more than fifty hours per week at an academic institution and medical component, then the Executive Vice Chancellor for Academic Affairs and the Executive Vice Chancellor for Health Affairs must approve the appointments.
    8. The employee must inform his or her employing state agencies or institutions of higher education before accepting an additional employment with another agency or institution.
  3. Component institutions employing individuals with multiple component assignments shall enter into the necessary agreements designating the institution which is to be the principal employer for the purpose of defining the individual’s employment as the total hours assigned to one component institution, or alternatively, the total hours the person is assigned to all component institutions.

E. Responsibilities

See Policy and Procedures section.

F. Review

This policy shall be reviewed by Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  12/01/2001

LAST AMENDED:  04/22/2009

REVIEWED:  AY 2014-15