Policy 4070: Additional/Outside Employment Policy

No. 4070
Subject: Additional/Outside Employment Policy
Rev.: 1
Virginia Polytechnic Institute and State University 
Policy and Procedures
Date: December 21, 1998

1. Purpose

The purpose of this policy is to outline the university's position regarding additional employment for classified employees within the university and outside the university. Additional employment refers to any paid employment outside the employee's normal responsibilities of his/her salaried university position.

2. Policy

Approval for permission to work outside the normal work schedule within or outside the university may be granted by the department head in collaboration with Personnel Services and/or the university Legal Counsel, if needed, to determine conflicts that may be present.

3. Procedures

3.1 Conflict of Interest

If employment is questionable as to conflict of interest, the employee should submit in writing to the department head, a description of the activities in the proposed outside employment. The department head will seek advice from the university Legal Counsel as to the appropriateness of the employment under the Virginia State and Local Government Conflict of Interest Act, 32.1-639.1.

3.2 Additional Employment Affecting Job Performance

The department head will determine if the employee's performance in his/her university salaried position could be adversely affected with the additional employment. If permission has been granted and job performance subsequently deteriorates, the department head may request that the employee terminate the additional employment.

3.3 Occasional and Sporadic Additional Employment

Full-time classified employees may work for the university after the normal work schedule on an hourly wage basis in positions that are occasional and sporadic. Approval must be granted by the department head in consultation with Personnel Services. The activities performed in those positions cannot be related to the normal duties and responsibilities in their salaried position.

3.4 Additional Virginia Tech Wage Employment Resulting in Overtime

Communication between the hiring department and the home department is encouraged to ascertain the appropriate wage rate. Additional wage hours may impact hiring departmental budget since hours over 40 per week must be paid at time and one half according to Fair Labor Standards Act for non-exempt employees.

 

Under the Human Resources Information System (HRIS) the home department is responsible to pay the overtime. Departments are urged to contact Personnel Services to change the overtime designation in cases where their full-time employee is working elsewhere on campus in an hourly wage position.

3.5 Additional Employment during Full-time Salaried Schedule

Classified employees, who are paid by another Virginia Tech position (other than their full-time salaried position), in other state agencies and/or in the private sector must use annual or compensatory time if it occurs during the normal work schedule of the full-time position.

4. Definitions

  1. Full-Time Classified Employee - Full-time salaried employee who is covered under the rules and regulations of the Virginia State Personnel Act.
  2. Non-Exempt Position - A position that is subject to the provisions of the Fair Labor Standards Act. The status of the employee may be learned by contacting the Classification, Compensation and Records Manager.
  3. Additional Employment - Any work performed for payment inside or outside the university other than primary salaried employment.

5. References

  1. Virginia State and Local Government Conflict of Interest Act, 32.1-639.1.
  2. Rule 9.5: Rules for the Administration of the Virginia Personnel Act.
  3. Fair Labor Standards Act, Overtime Provisions

6. Approval and Revisions

Approved July 31, 1991, by Executive Vice President and Chief Business Officer, Minnis Ridenour.

Addition of headers to clarify content under 3.0 Procedures.

Section 3.4. Clarification of which department pays the overtime under the Human Resources Information System (HRIS) and how this can be changed.

Approved January 22, 1999, by Executive Vice President, Minnis E. Ridenour.