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Federal Work Study

University Federal Work Study Employment Policies

Students who are employed by the University through the FWS Program, while classified primarily as students, have the additional rights and responsibilities of employees of the University.

Equal Employment Opportunity Statement

The University of South Florida is a diverse community which values and expects fair treatment of all people. The University strives to provide a work and study environment for faculty, staff and students that is free from discrimination on the basis of race, color, marital status, sex, religion, national origin, disability or age, as provided by law. The University is also committed to the employment and advancement of qualified veterans with disabilities and veterans of the Vietnam era. Unlawful discrimination, harassment and retaliation are prohibited at the University. Behavior that constitutes unlawful discrimination, harassment or retaliation is unacceptable, prohibited, and complaints regarding such behavior may be filed according to USF Policy 0-007.

Sexual Harassment

The University of South Florida strives to provide a work and study environment for faculty, staff and students that is free of sexual harassment and discrimination, and free from implicit and explicit coercive sexual behavior used to control, influence or affect the well-being of any member of the University community. As part of the effort to create an environment that is comfortable for all people, the University establishes this policy: Sexual harassment and discrimination are prohibited at the University of South Florida, and behavior which constitutes sexual harassment and discrimination is unacceptable and complaints regarding such behavior may be filed according to USF Policy 0-008.

Definitions of Sexual Harassment:

Sexual harassment can include physical conduct or verbal innuendo of a sexual nature, which has the purpose or effect of creating a hostile or offensive environment. Such harassment is not condoned by the University and hereby defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

	Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education experience;
	Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or
	Such conduct is sufficiently severe and pervasive so as to alter the conditions of, or have the purpose or effect of substantially interfering with, an individual's work or academic performance by creating an intimidating, hostile, or offensive working or educational environment. Sexual harassment also includes any conduct or activity which creates an adverse impact on an employee's ability to acquire or retain a benefit of employment (including hiring, promotion, salary increases, disciplinary actions or any other terms and conditions of employment), which acts to limit a student's access to, participation in or benefit from an educational program or which creates a hostile or abusive employment or educational environment.

Harassment does not include verbal expression or written material that is relevant and appropriately related to the subject matter of a course/curriculum or to an employee's duties. This policy is not intended to abridge academic freedom or the University's educational mission.

Americans With Disabilities Act

USF will not unlawfully discriminate against its employees on the basis of disability and will provide accessibility and reasonable accommodation to its employees with regard to any aspect of employment including fringe benefits, training, conferences, professional meetings and recreational/social activities sponsored by USF. To request a reasonable accommodation under the Americans with Disabilities Act (ADA), an employee of the University of South Florida must follow USF Policy 0-008A:

	Submit a written request outlining the requested accommodation(s) to his/her immediate supervisor. Provide a copy of the request to the Employee Relations section of Human Resources.
	Attach documentation to the written request, including diagnosis of a disability, from the employee's primary health care practitioner. "Primary health care practitioner" is defined as a medical doctor, psychiatrist, or licensed psychologist.

Student Status and FICA Exemption

A Federal Work Study (FWS) employee who maintains at least a half-time student enrollment and regularly attends classes is not subject to FICA taxes (Social Security and Medicare taxes). This requires undergraduate students be enrolled in 6-credit hours during the fall/spring semesters, and a total of 6 credit hours during the summer sessions; for graduate students, the requirement is 5 credit hours in each semester and cumulatively over the summer sessions. A student may also be considered half time for purposes of the FICA exemption while in his/her last semester and enrolled in the number of credit hours needed to complete the degree requirements, including dissertation and thesis hours. Audited courses do not count toward meeting the half-time enrollment requirement.

Students who do not meet the half-time enrollment requirements are subject to FICA taxes.

Career Employee Displacement

FWS employment must not displace employees or impair existing service contracts. Also, if the school has an employment agreement with an organization in the private sector, the organization’s employees must not be replaced with FWS students. Replacement is interpreted as displacement.

Nepotism

The University prohibits nepotism. FWS employees may not work in a department where a direct "supervisor/subordinate" relationship would exist between a student and a member of his/her immediate family or a relative.

Social Security Card

All FWS employees must have a Social Security card issued by the Social Security Administration and must complete state and federal tax withholding forms prior to beginning employment.

Work Hours and Schedules

FWS employees may not work during scheduled class times and FWS employees may not be excused from class in order to work during scheduled class times. The student must give the supervisor a print out of his/her class schedule from OASIS so that the supervisor can verify that the employee is not working during classes. FWS employees may not work more than a total of 20 hours per week while classes are in session (including finals week) during the fall and spring semesters and the summer sessions.

FWS employees may work up to 40 hours per week during official academic break periods as defined by the University’s official Academic Calendar, when classes are not in session (excluding finals weeks), provided they are registered for 6 undergraduate hours or 5 graduate hours for the upcoming academic term.

When a supervisor interviews a student for a job, the supervisor is responsible for establishing a work schedule for the student.

In determining the work schedule for the student, the supervisor should do the following:

Step 1:	Take the total student award (less the amount that the student may have already earned) and divide it by the hourly rate to determine the total number of hours that the student is able to work.
Example:	$3,600 award divided by $6.00 per hour = 600 available hours
Step 2:	Take the total number of weeks left in the FWS appointment period and divide it into the total number of available hours to determine the number of hours per week that the student is able to work.
Example:	600 available hours divided by 32 weeks = 18.75 scheduled work hours per week
Step 3:	It is important that the supervisor review the student’s class schedule to insure that the student is enrolled at least half time and is not scheduled to work during a time that the student is supposed to be in class. During a Federal program review, the federal auditors compare the student’s federal work-study timesheets to the student’s class schedule to insure that the student is not working during periods of time that he/she is supposed to be attending class.
Step 4:	The supervisor must continuously monitor the student’s award amount and enrollment status in OASIS to insure that the student is enrolled at least half time during the period that the student is working and that the award has not been canceled or reduced.

Any amount that the student earns over the amount of the authorized award, during periods in which the student is enrolled less than half time or during periods in which the student is scheduled to be attending class is the responsibility of the employing department and cannot be paid from Federal Work Study funds.

Work Breaks

While it is not required, the supervisor should not unreasonably deny a paid fifteen-minute break during a shift of four hours or longer. It is expected that break periods will be taken approximately half way through a shift; breaks cannot be taken at the beginning or end of a shift to arrive late or leave early.

Fair Labor Standards Act (FLSA)

Once an employer/employee relationship has been established between an FWS employee and his/her department, he/she is to be compensated for all hours actually worked. The FLSA, as amended, prohibits employers from accepting voluntary services from any paid employee. A student also cannot participate in a preliminary training period without pay.

Conflicts and Complaints

If conflicts arise between FWS employees and their employers, the employing unit shall make every effort to satisfactorily resolve the issue. Unresolved complaints arising from employment or termination issues may be filed in accordance with the University rule. FWS employees have certain complaint rights as non-permanent University employees.

Reappointment

An FWS employee is not guaranteed continued employment from one semester to the next. The supervisor may end the appointment at any time (see Termination page).

Leaves

FWS employees are not eligible for paid leaves such as vacation, paid holidays, disability leave, funeral leave, sick leave, or jury duty. However, these are considered reasons for excused absences when coordinated through the supervisor. Such leaves are without pay.

Worker's Compensation

FWS employees are protected under the State of Florida Worker's Compensation Act for injuries or illnesses arising out of and in the course of their employment. Worker's Compensation is a broader coverage than group health insurance. If the injury/illness is accepted as a covered injury/illness, Worker's Compensation pays the doctor, hospital, and prescription drug bills connected with the injury or illness.

The employee must notify the supervisor of the injury or illness as soon as possible. The supervisor must report the incident to Environmental Health and Safety/Worker’s Compensation within 24 hours.

Federal Work Study Earning Limitations

The FWS award indicates the maximum dollar amount the student may earn during the designated FWS appointment period. Once the awarded amount is earned, he/she may only continue working under the following conditions:

	The department converts the FWS status to hourly student OPS status and pays 100 percent of their wages; or
	Another department hires the student, and he/she is not paid with FWS funds.

FWS employees are responsible for notifying their supervisor if there has been a change in their FWS award amount.

Dress Codes

Employers may require dress codes when they are reasonable and related to the purpose or function of the employing unit. If uniforms are required, the employing unit shall provide them at no extra cost to student employees.

Terminations

FWS employees may be terminated at any time. Examples of reasons for terminations include but are not limited to:

	Recurring unauthorized and unexcused absences;
	Refusal to do work assigned, or refusal to work properly assigned time periods;
	Intentionally falsifying entry of hours worked on time records;
	Inability to perform tasks required by the nature of the job after completion of a reasonable training period;
	Violations of the Student Code of Conduct which occur in connection with student employment;
	Violation of the University policy concerning the Privacy Act in giving out confidential information from student records.

Dual Employment

Students may be employed simultaneously through the FWS program and as hourly student OPS employees. Although the employee may not work more than 20 hours a week in an FWS job, the employee could have a concurrent hourly student OPS appointment for up to 40 hours. Since both the FWS and the OPS appointment are eligible for overtime payment, if the total number of hours worked in the workweek (Friday through Thursday) exceeds 40 hours, the employee is eligible for overtime payment (1.5 times the hourly wage). The secondary employer (the department that hired the employee last) is responsible for paying the overtime for the hours worked that are in excess of 40 for the workweek. Payroll notifies the secondary employer during the payroll processing cycle when an employee has worked more than 40 hours in the workweek. It is the responsibility of the employing supervisor(s) to know the work schedule and times that their FWS employee works so that any potential risk of not paying an employee correctly or at the overtime premium rate will be reduced and/or eliminated. This will also minimize any potential inquiries or complaints from the Department of Labor or the employee. To track the employee's actual hours worked, each employing department should remind the employee to report actual worked hours for each day on their timesheet and should review the employee’s timesheet carefully.

NOTE: Earnings from an hourly OPS appointment will not affect the current FWS award, but could affect the amount of financial aid (including FWS) awarded the following year.

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