November 18, 2014 From: Amberly Brennan To: Employees Subject: Changes To Temporary Worker Employment Human Resources (HR) and the Executive Cabinet (EC) have been examining Mott’s procedures and policies for temporary employees to meet three interrelated objectives: 1. Clarify the different types or categories of temps. 2. Ensure that we are in compliance with the terms of our labor agreements. 3. Determine how to minimize the financial impact of the Affordable Care Act (ACA). As you probably know, under the ACA, effective January 1, 2015, employers are required to offer medical benefits to any employee that is scheduled to work (or has worked) an average of 30+ hours per week. This includes temporary and student workers. When evaluating action to be taken, HR and EC placed an especially strong emphasis on budget constraints and designing single policies that can be applied to a wide variety of situations (basically the same rule for as many similar situations as practical). The following information explains the recent decisions made by EC to meet the above‐stated objectives. ` Types of Temporary Workers: Our review led to the conclusion that, moving forward, temporary employees will fall into one of three categories as follows: A. TAP Temporary Workers – These kinds of workers are temporarily filling a position on the Table of Approved Positions (“TAP”), which is the Board document authorizing the number of employee positions for the College. Typically, these kinds of workers are filling in for an ill or injured employee or are covering the position while it is vacant due to employee turnover and we are moving forward to fill the vacancy. Under the terms of our labor agreements, these temporary employees may work up to full‐time hours but the length of their employment is limited (ProTech, S&M & Admin ‐ 1 year; M&O ‐ 9 months; PSO ‐ 520 hours). Note that the M&O and PSO limitations relate to hiring processes whereby temporary employees are evaluated for regular employment (temp to regular process). B. Non‐TAP Part‐Time Workers – Broadly speaking, these are supplemental workers such as employees who help out in student services during peak registration times. There is no TAP position for this kind of work. Under the terms of our labor agreements, this kind of worker (if doing bargaining unit work), is limited to 19 hours per week but there is no limit on the length of their employment. C. Grant‐Funded and Exempt Workers – Are not subject to labor agreement limitations. NOTE: Part‐time status faculty is a similar category of temporary/on‐call/contingent employment and the labor agreement between the College and Union contains hour limitations for these employees. A new, proactive assignments system has been developed by ITS to be used by managers to ensure that this group of employees does not work beyond contractually agreed hours. Policy and Procedure: To address ACA and collective bargaining agreement (“CBA”) compliance objectives, the EC has decided to establish the following policies: 1. All temporary employees (current and future) will be employed by Kelly Services (our exclusive temp agency) with the following exceptions: a. Public safety personnel (temporary employment agencies will not employ persons working in public safety due to liability concerns). b. Faculty c. Grant‐funded workers whose funding or grant requirements restrict employment through an Agency. d. Employees on MCC payroll in another position (e.g. Part‐time faculty who also do temporary work). 2. Effective January 1, 2015, temporary workers in Non‐TAP Part‐Time Workers (category B above), whether employed by Kelly Services or as Mott temps, will be limited to 19 hours per week with no limit on the duration of their assignment. Note that this limitation does not apply to category A or C above. 3. The College is supportive of its students and will continue to offer them the opportunity to engage in work at the College. However, as a result of budget constraints and to apply a consistent rule across the College with regard to supplemental work, student workers will also be limited to 19 hours per week, effective January 1, 2015. Implementation Actions: 1. Human Resources will contact each manager to discuss the details of implementation within your area. This contact will include: discussion about the transfer of Mott temps to Kelly Services, an opportunity to clean up our files and records (for example, terminating inactive temps from our system); and an opportunity to discuss any particular or unique matters related to grant‐ funded employees. 2. Except for the categories of employees identified in Policy and Procedure item 1 above, MCC temporary workers on MCC payroll will be transitioned to Kelly Services by December 31, 2014. 3. Managers are expected to reduce the hours of any temporary employee in category B above who is working in excess of 19 hours per week. This action must be taken no later than January 1, 2015. (The majority of temporary workers that this will impact are those who currently work 20 or more hours per week but are limited to 38 weeks per year.) 4. Student Employment will ensure that student workers are limited to 19 hours per week effective January 1, 2015. Should you have any questions please contact Ronda Brinch or Brenda Phillips from Human Resources.