Sec. 1 Purpose
This policy provides guidelines to administer dual employment by University of Texas System Administration employees who have or are considering other State of Texas employment.
Sec. 2 Principles
The primary responsibility of an employee of the U. T. System is the accomplishment of all duties and responsibilities assigned to their position. Outside employment must be compatible with the interests of the U. T. System and must not detract from the performance of the employee. Outside employment that interfere with an employee’s duties and responsibilities will not be authorized.
Appropriate oversight of outside employment in order to successfully manage potential conflicts of interest and conflicts of commitment is critical to the success of U. T. System Administration and each U. T. Institution.
Sec. 3 Benefits
A person who is employed by more than one State agency or institution of higher education, may not receive benefits from the State that exceed the benefits provided for one full-time employee.
Sec. 4 U. T. System Institutions
For purposes of multiple employments, the institutions of U. T. System are considered separate institutions of higher education, which allow employees who work at more than one U. T. System institution to be paid for all hours worked.
Sec. 5 Nonexempt Employees
Multiple employments of an employee who is subject to the overtime provisions of the FLSA should be avoided. If a nonexempt employee works more than 40 hours in a workweek in a multiple employment situation, payment must be made at the time and one-half rate.
Sec. 6 Exempt Employees
Employees exempt from the overtime provisions of the FLSA may hold positions at two or more U. T. System institutions for up to 50 hours (125% appointment) in a workweek. If the total hours appointed at the U. T. System institutions exceed 50, the Executive Vice Chancellor for Health Affairs or the Executive Vice Chancellor for Academic Affairs, as appropriate, shall review and approve the appointments. If an employee is employed for more than 50 hours per week at an U. T. System academic institution and an U. T. System health institution, both the Executive Vice Chancellor for Academic Affairs and the Executive Vice Chancellor for Health Affairs must approve the appointments.
Sec. 7 Request for and Notification of Outside Employment
7.1 Before accepting additional employment with another State agency or institution of higher education, an employee must notify each agency or institution of higher education and submit a "Request for Outside Employment" through the Outside Employment Portal for review and approval. See HOP 1.1.2, Outside Activity Policy.
Sec. 8 Notification of Employee
The department head will ensure the employee is informed of the following:
8.1 The employee may not receive benefits from the State that exceed those provided for one full-time employee.
8.2 State service credit accrues for all purposes as if the employee had only one employment.
8.3 Separate vacation and sick leave balances must be maintained for each leave accrual eligible position the employee holds.
8.4 Upon termination from one employment, the employee's leave balances accrued under that employment may not be transferred to the remaining employment.
8.5 The total State contribution toward the employee's group insurance, if eligible, is limited to the amount specified for a full-time active employee. The employee must designate one of the employing agencies or institutions of higher education to carry the employee's group insurance and to determine how premium payments are to be made and records kept. That agency or institution of higher education will be responsible for the entire State contribution to premium sharing, unless arrangements have been made by an interagency agreement to share the State's contribution proportionally.
8.6 If the employee is subject to the overtime provisions of the FLSA, the employee will have all combined time worked in excess of 40 hours per week considered as overtime.
Sec. 9 Compliance with Applicable Law and Coordination of Multiple State Employment
9.1 The department head and Office of Talent and Innovation will ensure compliance with applicable laws and policies, including those provisions in Section 9, and ensure appropriate coordination with other State agencies and institutions of higher education by which the employee is employed.
9.2 The State's contribution toward the employee's benefit replacement pay, if applicable, is subject to the overall individual limit.
Sec. 10 Interagency Agreements
10.1 Agencies and institutions of higher education employing a person with multiple assignments will enter into necessary agreements designating which agency or institution of higher education will be the principal employer for the purpose of defining the person's employment as the total hours assigned to one agency or institution of higher education, or alternatively, the total hours the person is appointed by all agencies or institutions of higher education.
10.2 The employing agencies and institutions of higher education must coordinate to ensure the employee is compensated for all time worked that exceeds 40 hours per week. The employing agencies and institutions of higher education shall cooperate to determine which agency or institution of higher education is responsible for properly compensating the employee in accordance with the FLSA.
If an employee is eligible for overtime and more than 40 hours are worked in a workweek in a multiple employment situation, the employee must be paid at a time and one-half rate.
The department head must notify the Office of Talent and Innovation of any excess hours worked by the employee to assure that any overtime pay required is paid at an appropriate rate.
10.3 A copy of any interagency agreement and the Request for employment at another State agency or institution of higher education will be forwarded to the Office of Talent and Innovation for review and filing in the employee's official employment record.
Definitions
Outside Employment - Any activity performed by an employee, other than fulfilling employment obligations at U.T. System Administration or a U.T. System institution, for which remuneration is received, including distance teaching.
