Non-Student Hourly OPS Employment

1. Purpose

The purpose of this policy is to outline employment provisions for all non-student hourly Other Personnel
Services (OPS) employees at the University of Florida. These employees are non-exempt under the
provisions of the Fair Labor Standards Act. OPS employees are employed “at-will” and have no
expectation of continued employment, nor do they have grievance or layoff rights. Per UF regulation
1.100, OPS defines at-will temporary personnel.

This policy provides parameters on the appropriate use of non-student hourly OPS employees on a term
or as-needed basis. The University of Florida hires temporary employees for jobs in which the need is not
expected to be recurring. Temporary employees perform work on special projects, assist with workload
surges, serve as coverage for staff on leave, provide seasonal help, or work on an as-needed basis. 

2. Applicability

This policy applies to non-student hourly OPS classifications. This policy does not apply to student
assistants, adjunct faculty, graduate assistants, postdoctoral associates, or residents/house staff. 

3. Definitions

N/A 

4. Policy Specifics

It is the policy of the University of Florida to apply consistent standards for the use of employment of nonstudent hourly OPS employees.

Procedures

a. Use of OPS Employees

All new UF OPS hires must go through a pre-employment criminal background check. Federal statutes,
state statutes and/or contracts may require specific criminal background checks on certain positions
within the university.

Per UF regulation 1.100, OPS is defined as at-will temporary personnel.

Non-student hourly OPS employment is separate and distinct from University faculty and TEAMS/USPS
staff. Non-student OPS employment does not count toward University or State University System
creditable or continuous service, except for purposes of determining health insurance eligibility, as
required by the state of Florida.

OPS employees are hired with no expectation of continued employment. OPS employees are employed
at-will and not subject to a “just cause” standard for negative personnel actions. The University of Florida
can terminate, with or without notice, an OPS employee for any lawful reason.

b. OPS Titles and Hourly Thresholds

The total time worked by an individual non-student hourly OPS employee cannot exceed 4,176 hours if
employed in one of the following titles:

i. OPS Special Risk
This code is used for employees who require extensive background checks, such as 435 and FBI
Live Scan, due to working with minors and employees who perform specialized skilled labor.

ii. OPS Time-Limited
The type of work performed will vary based on need. This code is used for temporary
employment due to an increase in work volume, coverage due to illness, parental leave cover,
and various other temporary needs.

iii. OPS Sponsored Projects Non-Clerical
This code is used to employ persons to work in a non-clerical/non-administrative role on a
sponsored project. Project work involves investigating, compiling, arranging, testing, and
reporting information. The type of work can vary from conducting and/or coordinating research,
lab work, technical support, or design work.

iv. OPS Sponsored Projects Clerical
This code is used to employ persons to work in a clerical/administrative role on a sponsored
project. The type of work performed may vary from administrative to fiscal functions.

The following titles are to be applied to temporary employees who work on an as-needed basis or for a
defined period-of-time (pre-determined employment beginning and end dates) based on the hiring
authority’s need for temporary employment. There is no hourly threshold associated with the following:

v. OPS Health Care
This code is used for employees in the health care industry who are employed on an as-needed
basis, meaning those who are called into action when their services are required (PRN).
Employees in this category have a professional certification and specialized skill set. This type of
employment has no set schedule; days and times may vary depending on the situation or need.

vi. OPS As-Needed
This code is used for non-medical employees being employed on an as-needed basis, meaning
those who are called into action when their skill set is required. This type of employment generally
has no set schedule; days and times may vary depending on the situation or need.

vii. OPS Contract Services
This code is used for employment for a set time period to deliver a specific product. Contract
services employment specifies the service to be performed and sets an agreeable standard of
completion for these services.

viii. OPS Seasonal
This code is used for employment for 120 days or fewer per year. The employee is hired exclusively
for a period of time to perform work that is only available for a portion of the year.

ix. OPS Special Project
This code is used to employ persons to work on a project. Project work involves investigating,
compiling, arranging, and reporting information, all with a desired result identified. The type of
work can vary to include administrative functions, research, technical support, fiscal, and design
work.

Any employee who has retired from the state of Florida Retirement System (FRS) and is employed as an
OPS employee, regardless of the title, shall be exempt from the 4,176-hour threshold.

For TEAMS/USPS/Faculty employees who hold an additional temporary role, the secondary OPS position
is to be classified as OPS Secondary. See UF policy Additional Employment at UF / Additional Employment
Outside of UF .

The threshold for OPS employees subject to the 4,176-hour threshold (OPS Time-Limited, OPS Special
Risk, OPS Sponsored Projects Clerical, OPS Sponsored Projects Non-Clerical) is reset after a six-month
break in service or when changing from one college or unit to another.

c. OPS Compensation

OPS employees must be paid at least the State of Florida minimum wage.

OPS employees may be eligible for on-call pay and/or shift differential, if approved by the appropriate
college/unit administrator.

The University of Florida is considered one employer under the Fair Labor Standards Act (FLSA). OPS
employees who have more than one appointment and a total FTE over 1.0 within UF require submission
of the Request for Approval of Additional University Compensation (HR600) form signed by UFHR to
ensure compliance with the FLSA.

Non-student hourly OPS employees must be paid overtime pay at a rate of not less than one and one-half
times their regular rate of pay after 40 hours of work in a workweek. They are not eligible for overtime
compensatory leave. Overtime worked should be accurately reflected in the myUFL system. College/units
are responsible for ensuring overtime is accurately tracked and paid.

In cases where an OPS employee has multiple appointments, the college/unit in which the overtime
occurs is responsible for paying overtime wages.

Non-student hourly OPS employees are not eligible for any type of paid leave including holidays (unless
worked), sick leave, vacation leave, or administrative leave.

d. Consecutive OPS employment

A consecutive OPS appointment occurs when an OPS employee finishes one appointment and
immediately begins another OPS appointment. An OPS employee may hold a consecutive appointment
when one of the following criteria is met:
i. The appointments are in different college/units (the two-digit ID must be different).
ii. Rehire Retirees from any State of Florida agency can hold consecutive OPS appointments
regardless of a change in college/unit.

e. Applicability of UF Nepotism Controls

OPS employment is subject to UF Regulation 1.009, Employment of Relatives. This regulation specifically
prohibits the appointment of relatives or persons living in the same household to any position where a
direct or indirect supervisory relationship would exist between relatives or would create a perceived or
actual conflict of interest.

f. OPS Benefits Eligibility

In general, OPS employees are eligible only for benefits as required by law or as determined by the State
of Florida.

In keeping with State of Florida eligibility criteria, OPS employees may be eligible for benefits through the
State of Florida if reasonably expected to work 30 hours or more per week in all positions upon hire, work
an average of 30 hours or more each week over the defined measurement period or within the defined
measurement period, or when expected work hours increase to 30 or more in the same position or due
to an additional position. If an OPS employee is eligible for benefits at the point of hire or becomes eligible
following the defined measurement period, notification will be sent by the State of Florida.

If the employee is eligible, benefits must be elected within 60 calendar days of the date of hire or
eligibility. For more information on each plan, visit http://hr.ufl.edu/benefits.

OPS employees who have been employed at UF for at least 12 months (consecutive or not) and have
worked a minimum of 1,250 hours during the 12-month period preceding the event are eligible for up to
12 workweeks of unpaid leave for an FMLA-qualifying event.

Additionally, non-student hourly OPS employees participate in the FICA Alternative Plan. Under the FICA
Alternative Plan, non-student hourly OPS employees deposit money into a private retirement plan rather
than contribute to Social Security. The program is mandatory for eligible employees, who are enrolled
automatically. OPS employees are also eligible to participate in some of the university’s other tax-deferred
savings programs. 

5. Review and Adjudication

The following department is responsible for overseeing implementation of and ensuring compliance with
this policy and serves as the contact for questions about the policy or to report suspected violations:

Classification and Compensation (Class/Comp)
UF Human Resources
903 West University Avenue
Gainesville, FL 32601-5117
Phone: (352) 392-2477 (2HRS)
Fax: (352) 846-3058
Email: compensation@ufl.edu 

6. Policy Violations

Failure to comply with this policy could result in disciplinary action, up to and including termination.

Additional Resources

History