4.15.3.1 Dual Employment with Texas State Agencies
A. Purpose
This policy provides guidelines and procedures to administer dual employment by employees of the University of Texas at Tyler and the Health Science Center at UT Tyler (“University”) who have or are considering other State of Texas employment.
B. Persons Affected
This policy applies to all employees.
C. Definitions
Outside Employment – any activity performed by an employee, other than fulfilling employment obligations at the University, for which remuneration is received, including distance teaching.
D. Policy
In some cases, exempt employees of the University may be employed concurrently by other Texas state agencies or schools; however, the maintenance of such appointments mandates special responsibilities for the individual and the agencies involved.
An employee who is employed by the University in a position classified as non-exempt or who is paid on an hourly non-exempt basis may not be simultaneously employed by another Texas state agency. An employee who holds a position classified as exempt at the University may not simultaneously hold a position at another state agency that is classified as non-exempt or that is paid on an hourly non-exempt basis.
E. Responsibilities
See F. Procedures.
F. Procedures
As part of the employment process, all new employees must report dual appointments to the Office of Human Resources (HR). Hiring departments that hire new faculty must ensure that HR are informed of any dual appointments. Employees who are considering additional appointments with the State of Texas in the course of their employment with the University must immediately notify their supervisors and HR.
When a dual employment situation arises, a Request for Dual Employment with a Texas State Agency form must be completed by the appropriate officials at the University and the other affected Texas state agency. HR will contact the other state agency involved to facilitate the completion of this form, which establishes which of the agencies will assume the role of principal employer and which agency coordinates the payment of any applicable overtime compensation and premium sharing. The two agencies will continue to correspond in the event of any change in status and/or percent of time worked by the individual. Additionally, employees must seek approval prior to accepting outside employment as described in the Handbook of Operating Procedures (HOP) 2.5.2, Conflict of Interest, Conflicts of Commitment and Outside Activities.
HR monitors accrual rates for state benefits, provided that the employee holds a 50% or higher appointment with the University. If the employee holds or intends to hold an appointment of less than 50% with the University, dual appointment will not be permitted unless the other affected state agency agrees to track all benefits accruals. To ensure appropriate continuation of benefits, an employee who holds a dual appointment at the University and another Texas state agency is responsible for notifying HR if their appointment at the other Texas state agency ends or is modified.
Employees who do not report a dual appointment status increase the likelihood that incorrect benefits payments will be made on their behalf and nullify the ability of the institutions to account for any applicable overtime compensation. If an improper duplication of state-paid benefits occurs, the employee is required to refund the amount of the overpayment to the appropriate agency. The extent of the liability that can be accrued can be substantial, even for a relatively short period of inaccurately reported compensation.
G. Review
This policy will be reviewed every five years or as legislation requires by the Office of Human Resources.