Employment Status & Eligibility Policy
Policy Statement
Duke categorizes the status of staff to make distinctions in benefits and conditions of employment among staff and to aid in better understanding of employment relationships with Duke.
Employment Status and Eligibility Chart
| Title & Definition | Benefits | Overtime | Work Premiums | FICA | Workers Comp | PTO or Vacation, Sick, Holidays | Leaves of Absence |
|---|---|---|---|---|---|---|---|
| Regular Staff Member with Full-Time Work Schedule | Yes | Hourly- paid only | Hourly-paid only Depending on job title and work schedule. | Yes | Yes | Yes | Yes |
| Regular Staff Member with Abbreviated Work Schedule (>20 and <40 hours/week) | Eligible for benefits in accordance with work schedule | Hourly- paid only | Hourly-paid only Depending on job title and work schedule. | Yes | Yes | Eligible for benefits in accordance with work schedule | Yes |
| Regular Staff Member with Part-Time Work Schedule (less than 20 hours/week) | No | Hourly- paid only | No | Yes | Yes | No | Military, Family Medical Leave only |
| Staff Member in the Orientation and Evaluation Period | Depending on Full, Abbreviated or Part-Time Status | Hourly- paid only | Hourly-paid only and depending on Full, Abbreviated or Part-Time | Yes | Yes | Will accrue but unable to use until completes Orientation and Evaluation Period | No |
| Staff Member on Leave of Absence | Based on arrangements made with Benefits Office | NA | NA | NA | NA | Not during Unpaid LOA | NA |
| Duke Student: Undergraduate (0699) < or = to 19.9 hours/week | No | No | No | No | Yes | No | No |
| Duke Student: Graduate (0699) < or = 19.9 hours/week | No | No | No | No | Yes | No | No |
| Staff Member Who is a Minor | Eligible for benefits in accordance with work schedule | Hourly- paid only | Hourly-paid only and eligible for work premiums in accordance with work schedule | Yes | Yes | Eligible for benefits in accordance with work schedule | Eligible for benefits in accordance with work schedule |
Duke Temporary Staff Members: Refer to the DTS website for detailed information.
Primary/Secondary Occupation: Several benefits (ex: PTO and vacation accrual) and work premiums are earned or paid based on the combined work schedules of the staff member's primary and regular secondary occupations up to full time employment status (40 hours per week). Eligibility for other benefits (ex: medical, dental, vision and reimbursement accounts) will be granted based on the staff member's primary occupation.
Employment Status Definitions
Regular Staff Member with Full-Time Work Schedule
Hired to regularly established classifications for a period in excess of nine months who is regularly scheduled to work 40 hours a week. This category also includes a staff member who has been promoted or has transferred to a different position and is engaged in the 90-day Trial Period.
Regular Staff Member with Abbreviated Work Schedule
Hired in regularly established classifications for a period of at least 9 months or the academic year that is regularly scheduled to work at least 20 hours per week but less than 40 hours per week. This category also includes a staff member who has been promoted or has transferred to a different position and is engaged in the 90-day Trial Period.
Regular Staff Member with Part-Time Work Schedule
Hired to regularly established classifications that is regularly scheduled to work less than 20 hours per week. This category also includes a staff member who has been promoted or has transferred to a different position and is engaged in the 90-day Trial Period.
Bargaining Unit Staff Member
Hired to work in positions (job families 19 and 21) that are covered by a bargaining unit agreement.
Staff Member in the Orientation and Evaluation Period
A newly hired staff member (hourly-paid or monthly-salaried) who is in the first 90-calendar days of employment
Duke Temporary Staff Member
Hired through Duke Temporary Service for a period not to exceed 900 hours per fiscal year (July 1 - June 30).
Staff Member on Leave of Absence
Eligible staff member with an extended period of paid or unpaid time off from work for health, personal, educational or military reasons
Duke Student: Graduate
Whose primary function is that of enrollment in a full-time graduate degree program at Duke, and employment at Duke is secondary to such a primary undertaking.
- Registration for a minimum of three (3) courses or nine (9) units constitutes a full-time program.
Duke Student: Undergraduate
Whose primary function is that of enrollment in a full-time undergraduate degree program at Duke, and employment at Duke is secondary to such a primary undertaking, are defined as Duke Student Staff.
- Registration for a minimum of three (3) courses or nine (9) units constitutes a full-time program.
Staff Member Who is a Minor
As a general policy, Duke does not hire individuals who are younger than 16 years of age. In certain circumstances, hiring of staff members between the ages of 14 and 16 may be appropriate but only with approval from the senior HR officer at the university or health system. North Carolina Child Labor Law requires minors, from 14 years of age to less than 18 years of age, to obtain an employment certificate from the NC Department of Labor prior to beginning work. This responsibility rests with the applicant.
- The certification is completed online, printed, signed and submitted to the Human Resources Office on or before the first day of work.
- The certificate must be retained in the minor's personnel folder throughout the employment period and for a period not less than 2 years after the employment concludes.
Both federal and state law stipulate the conditions of employment for minors. The hiring department is advised to check with the recruiter for information on acceptable work hours, positions, and working conditions. Depending on the work assignment and location, a risk assessment and safety inspection may be required.
Reminder: Generally, staff and faculty may not employ their children or their spouse or same-sex partner to work for them through Duke – irrespective of whether they are paid from Duke funds or grants. Further information regarding the nepotism policy is available here.
In addition, except in very rare circumstances, and with advanced approval from the appropriate vice president or dean, no employee under the age of 16 should be hired using economic stimulus funding.
General questions may be directed to the Director of Recruitment Services or the Director of Staff and Labor Relations.
Consultants or Independent Contractors
Individuals who are self-employed and who offer their professional services to the public on a contract or per diem fee basis are not determined to be Duke staff; hence, they are not eligible for any of the benefits or work premiums available at Duke.
Primary Position
The position in which a staff member is principally hired to work.
Secondary Position
The position which the staff member maintains in addition to the position in which the staff member was principally hired.
Working Out of Position
Payment represents extra pay for temporarily working in a higher level position.
Policy Number: 02.04
Recruitment, Hiring, & Transferring Policy