NOTICE OF PROPOSED REGULATION AMENDMENT
Date: February 12, 2008
REGULATION TITLE: REGULATION NO.:
Benefits, Retirement Programs, Employment Services, and 6C1-1.200
SUMMARY: This regulation has been revised to conform to the requirements of Section 127 of
the Internal Revenue Code which generally permits employees to exclude from income up to
$5,250 per year of employer-provided educational assistance. The revision makes changes to the
TEAMS Employee Development Program and eliminates the requirement that eligible courses
must be "work related," thus allowing employees broader tax-free course offerings. The revision
outlines the educational programs which do not qualify for this benefit, the fees that employees
must pay and the fees which will be waived by the University. In addition, the revision outlines
the application and supervisory approval procedures to obtain this educational assistance benefit.
AUTHORITY: BOG Resolution dated January 7, 2003
COMMENTS CONCERNING THE PROPOSED REGULATION SHOULD BE
SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO THE
CONTACT PERSON IDENTIFIED BELOW. The comments must identify the regulation
you are commenting on.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED REGULATION
IS: Rebecca J. Holt, Administrative Assistant, 123 Tigert Hall, Post Office Box 113125,
University of Florida, Gainesville, Florida 32611, 352-392-1358 office, 352-392-4387 facsimile,
NAME OF PERSON WHO APPROVED THE PROPOSED REGULATION: Kyle
Cavanaugh, Sr. Vice President for Administration
THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
UNIVERSITY OF FLORIDA
6C1-1.200 Benefits, Retirement Programs, Employment Services, and
(1) Benefits-Benefits made available to faculty, Technical, Executive,
Administrative, and Managerial Support (TEAMS) and University Support
Personnel System (USPS) employees include paid and unpaid leave as described in
Regulation 6C1-1.201, holidays, state- and university-sponsored insurance
programs, and retirement. Under the Family Medical Leave Act (FMLA), Other
Personnel Services (OPS) employees are eligible for unpaid leave under the terms of
the act. Benefits and hours of work requirements shall be administered in
accordance with this regulation.
(2) Related Definitions and Terms-For the purpose of administering this
regulation, the following words and terms shall have the meaning indicated.
(a) TEAMS Technical, Executive, Administrative, and Managerial
Support pay plan
(b) Break-in-Service-Break-in-Service occurs upon separation from the
University of Florida. Such break-in-service occurs for DROP participants when
they end DROP.
(c) Calendar Days All days in a month not counting University of Florida
(d) Continuous Service Continuous service is employment in a salaried
(non-OPS) position with the University without a break in service. Continuous
service as defined in this regulation shall have no effect on the provisions of the
Florida Retirement System.
(e) Exempt Classification A classification designated by the University of
Florida as exempt from the maximum hours and overtime pay requirements of the
Fair Labor Standards Act, or FLSA.
(f) Non-Exempt Classification A classification designed by the
University of Florida as not exempt from the maximum hours and overtime pay
requirements of the Fair Labor Standards Act, or FLSA.
(g) OPS Other Personnel Services pay plan.
(h) USPS University Support Personnel System pay plan.
(i) Creditable Service Creditable service is employment in a salaried
(non-OPS) position with the University with or without a break in service.
Creditable service as defined in this regulation4rue follows the provisions of the
Florida Retirement System.
(j) Workweek For purposes of compensation, the University of Florida's
workweek ends at 12 midnight on Thursday.
(3) Retirement Programs With the exception of Postdoctoral Associates,
who do not receive retirement benefits at the University, and with the exception of
faculty in the Health Science Center Colleges who must participate in the Optional
Retirement Program, or ORP, all full-time faculty and eligible TEAMS employees
whose positions are assigned administrative and management responsibilities or
professional duties at the department/unit level or above, are enrolled in the Florida
Retirement System Pension Plan unless employees elect to participate in the
Optional Retirement Program (ORP). With the exception of Postdoctoral
Associates, who do not receive retirement benefits at the University, all other
employees participate in the Florida Retirement System, except those who remain
in the State and County Officers and Employees Retirement System or the Teachers
Retirement System. Lump sum payments made pursuant to this section in
conjunction with sick leave benefits shall not be considered salary payments and
shall not be used in determining the average final compensation of an employee in
any state-administered retirement system.
(4) Employment Services The responsibility of an employee is the full
and competent performance of all duties pertinent to the full-time equivalent (FTE)
of his or her employment. Activities which may interfere or may create a conflict of
interest in keeping with University of Florida procedures located in Regulation 6C1-
1.011 are to be disclosed and may be prohibited or allowed under certain conditions.
(a) Certification of Employability The law requires that a person be
appointed and certified as completing an assignment in order to be paid. If a person
is not appointed, is not assigned duties and responsibilities, or is not certified as
fulfilling those duties, then he or she is not eligible for salary payment.
(b) Workweek Each employee is expected to work the number of hours in
the employee's established workweek, or FTE, unless on approved leave.
1. The minimum workweek for full-time employees is 40 hours.
a. Each department or division is required to keep an accurate record of
all hours worked by each USPS employee and non-exempt TEAMS employee as well
as a complete and accurate record of all authorized leave which is approved in
accordance with these regulations by all eligible University of Florida employees.
b. All hours worked by USPS employees must be totaled at the end of the
workday and the total shall be rounded to the nearest quarter of an hour.
c. For USPS employees, approved paid leave, except for some types of
administrative leave, may be used only in the amount necessary to fulfill the
d. An employee who uses any type of leave in an amount which is less
than a full hour will be charged with such leave to the closest quarter of an hour.
2. Upon reasonable notice, the appropriate University of Florida
administrator shall require an employee to use any part of his or her accrued
vacation, overtime, special, or regular compensatory leave, as described in
subparagraph 6C1-1.200(4)(b)5., at any time deemed advisable for the efficient
management of the operation of the unit, conservation of funds, or savings to the
3. The appropriate administrator has the authority to require an
employee who has accrued overtime, special, or regular compensatory leave, as
described in subparagraph 6C1-1.200(4)(b)5., to first use such leave before using
accrued vacation leave when necessary for the conservation of funds or savings to
the University. The employee will be allowed to use such accrued compensatory
leave, upon request and with supervisory approval, before using accrued sick leave.
(c) Developmental Research School P.K. Yonge.
1. The faculty of the Developmental Research School serve on a 190-196
day work schedule. The academic calendar for the Developmental Research School,
including the working days and holidays, shall be determined by its Director after
consultation with its faculty and the Dean of the College of Education.
(5) University of Florida Holidays -
(a) The following days shall be considered University of Florida holidays
and shall be observed as paid days off and are provided to employees in proportion
to their FTEs, with the exception of individuals receiving workers' compensation
salary indemnification benefits. Employees required to perform duties on such
official holidays shall have their schedules adjusted to provide equivalent paid leave
time. No classes shall be scheduled on such official holidays.
1. New Year's Day.
2. Birthday of Martin Luther King, Jr., third Monday in January.
3. Memorial Day.
4. Independence Day.
5. Labor Day.
6. University of Florida Homecoming.
7. Veteran's Day.
8. Thanksgiving Day.
9. Friday after Thanksgiving.
10. Christmas Day.
11. If any of these holidays fall on a weekend, a day during the workweek
will be observed.
(b) An observed holiday benefit (maximum of eight hours) does not count
for purposes of overtime.
(c) OPS employees are not eligible for holiday benefits unless they are
OPS faculty members who are compensated on a biweekly basis.
(d) To receive holiday pay, TEAMS and USPS employees must be in pay
status for a reasonable portion of the employee's regularly scheduled shift of the
employee's last workday before the holiday.
(e) USPS employees who have completed their probationary period earn
one personal holiday in proportion to their FTEs per fiscal year.
1. Such personal holiday shall be credited to eligible employees on the
last day of the pay period in which July 1 falls. It must be taken by the employee or
be forfeited at the close of business on the last day of the pay period in which the
following June 30 falls.
24. Cash payment is not provided for unused personal holidays.
34. Personal holidays must be taken in full-day increments (that is, as an
8-hour day for full-time employees, as a 4-hour day for .50 employees).
(f) Supervisors are encouraged not to require employees to perform duties
1. Those employees required to perform duties on holidays may have
their schedules adjusted during the workweek to provide equivalent time off.
a. In the event a USPS or a non-exempt TEAMS employee's work
schedule is not adjusted within the workweek in which the holiday occurs, as
described above, he or she shall earn special compensatory leave for hours
attributed to the holiday benefit in excess of the hours in the employee's established
workweek (or FTE).
b. When the holiday is observed on the USPS or a non-exempt TEAMS
employee's regular day off, he or she shall earn special compensatory leave for hours
attributed to the holiday benefit in excess of the hours in the employee's established
workweek (or FTE) unless the employee's work schedule is adjusted within the
workweek in which the holiday occurs.
2. When an exempt TEAMS employee or faculty member is assigned to
perform duties on a holiday, he or she may take off another day as a way to enjoy
the holiday benefit-typically during the workweek in which the holiday occurred. If
the exempt TEAMS employee or faculty member who has been assigned to perform
duties on a holiday terminates employment prior to being given time off, the
employee shall be paid, upon termination, for the holiday hours worked without
compensation within the previous 12-month period.
(g) No classes shall be scheduled on holidays unless approved by the
President or designee. Classes not held because of a holiday shall not be
(h) Employees also shall be entitled to observe a state day of mourning in
observance of the death of a person in recognition of service rendered to the state or
nation, as appropriately designated. An employee who is on approved leave with
pay when a state day of mourning is declared shall not have such day charged
against his or her accrued leave.
(6) Benefits for TEAMS Personnel The following benefits are provided for
(a) TEAMS Employee Development Program Full-time TEAMS
employees are provided with the opportunity to take up to six (6) credit hours of
work related courses per semester at a public community college closest to their
assigned work location in Florida, at a Florida state university closest to their
assigned work location, or at a vocational technology center closest to their assigned
work location found on a t maintained at the Office of Human Resource Service.
under the following conditions:
1. The TEAMS employee must have had continuous University
employment in TEAMS or USPS for the past six (6) months and must be on a
TEAMS regular annual or multi-year appointment.
2. The TEAMS employee must have the approval of a supervisor and
meet admission and enrollment requirements as a degree seeking or non-degree
seeking student at the respective institution. Courses taken in a non-degree
seeking status may not apply to a degree program.
a. Each participating employee must meet the academic requirements
and be in an established position on the date that fees are due. The University will
establish the periods of enrollment each semester for employees registering for
courses to be paid for by this program.shall work with an academic advisor to obtain
review of the courses requested as well as his or her complete program of study. A
list of academic advisors will be provided to each participating employee by the
Office of Human Resource Services.
3. The costs associated with non-credit courses and program offerings
otherwise required as an extension of regular employee training are not covered
under this program. The University's fee petition and fee refund policies and
procedures are not applicable to courses taken through this program. Therefore,
there is no petition process for a refund of any fees paid.Unive sity payments will be
limited to the matriculation fee for the approved credits for which the employee
registers except where the University does not have the authority to waive local
4. This program does not permit enrollment in thesis, dissertation,
internships, directed individual study, individual performance courses, non-credit
courses, and sponsored credit programs, off-book programs, and some distance
education course offerings.The employee must sig n n agreement releasing the
grades achieved in courses to the Office of Human Resource Services.
5. Continued participation in the program is contingent upon achieving a
passing grade in and completion of all courses taken in the EEP
program.satisfat a emi p ess a appraise by the academic advisor.
those elements by the Office of Human Resouree Serviees.
6. To the extent possible, class attendance should be scheduled during
non-working hours. If a University employee enrolls for a course during working
hours, all time taken during that period, including time taken in traveling to and
from classes, shall be charged to annual or compensatory leave or leave without
pay, unless the work schedule has been adjusted to accommodate the class, subject
to approval by the appropriate supervisor or administrator.
7. The employee must complete the online application form, available
from the Office of Human Resource Services at 903 W. University Avenue and from
the HRS website at www.hr.ufl.edu/education, and must secure written approval
from his or her supervisor and department chair or equivalent unit administrator.
The employee's department chair or equivalent unit administrator must certify that
the employee meets the employment requirements for participation and that the
time used is covered by appropriate leave or schedule adjustment. The completed
form must be submitted to the University Registrar, 222 Criser Hall by the
published EEP application deadline each semester. In the case of an employee with
a principal place of employment outside of Alachua County who wishes to attend
another state university, the completed form must be submitted to the Education
Coordinator for Human Resource Services, 903 W. University Avenue, by the
published application deadline.
a. Unless otherwise required by applicable law or regulation, the value of
courses in which the employee has enrolled under the provisions of this program
shall not be used to compute the employee's base rate of pay or regulate rate of pay;
however, certain courses may be subject to taxes as defined by the United States
Internal Revenue Service. Employees are responsible for any individual tax liability
exceeding $5250 per year, that may result from participation in this tuition
program and should refer any tax questions to their tax advisor. The employee shall
pay any additional fees including, but not limited to:
1. Application fees.
2. Out-of-State Tuition and Fees (in-state tuition rates apply for exempt
TEAMS employees regardless of residency requirements).
3. Photo I.D. Fees.
4. Late Registration Fees.
5. Late Payment Fees.
6. Material and Supply Fees.
7. Off-Campus Course Fees, which include but are not limited to distance
education or online course fees.
8. Any other fees not covered by this program.
b. The University shall be responsible for the payment of (The University
shall be responsible only for the in-state portion of these fees):
1. Matriculation Fees.
2. Building Fees.
3. Capital Improvement Fees.
4. Student Financial Aid Fees.
c. The University shall waive the following local fees and the employee
will not be eligible for services provided by these fees. (For students attending
another state of Florida public university these fees will be paid by the University).
The services provided through these fees are, therefore, not available to the
employee, and the employee does not have the option to pay any of these fees to
take advantage of these services.
1. Activity and Service Fees.
2. Athletic Fees.
3. Student Health Fees.
4. Transportation Fees.
d. Continuation of this program of instruction is contingent upon the
University's continuing ability to meet workload requirements and meeting the
financial obligations of the program. At any time and with 10 days notice, the
University may terminate this program. Participation in a course by an employee is
contingent upon the department's continuing ability to meet workload
requirements. At any time, with 5 days notice, the University may terminate an
individual's participation in this program.
e. The Office of Human Resource Services shall be the administrator of
this program and shall make available application forms on their website at
(b) Higher Education Opportunity for Children of full-time TEAMS
Employees This program is designed to provide children of TEAMS employees
with enhanced opportunities for post-secondary education.
1. Children of TEAMS employees who wish to apply for entrance under
this program to undergraduate study at the University of Florida or at a public
community college in Florida must complete an application for admission to the
University of Florida before the published deadline for theJanuary 15 preceding the
desired academic year of entry. Before this deadlineJanuary 15, the parent TEAMS
employee must notify the Office of Human Resource Services of the child's name,
via the Higher Education Opportunity of Children of Full-Time TEAMS Employees
Application- Form DHR TEAMS HEO 02, Rev. 07/03, which is incorporated herein
by reference and can be obtained at
http://www.hr.ufl.edu/education/heo/transition/HEO.pdf, that the child has filed an
application for entrance under this program, and must certify that the child meets
the following criteria:
a. He or she must be the natural, adopted, step, foster, or any other child for
which legal guardianship can be documented of a full-time TEAMS employee.
b. He or she must be unmarried and will continue to be eligible for the
program through the end of the calendar year in which the child turns 25 years of
age. The Office of Human Resource Services will send to the Admissions Office the
names of children whose parents have provided the indicated information before the
program's deadline so the admissions office may verify application to UF.
2. Fifty children will be chosen at random from the pool of names by the
Office of Human Resource Services. Those children among the fifty who meet
admissions requirements to the University will be offered admission to the
University, conditional upon receipt of their high school diploma before the date of
entry into the University offered by the Director of Admissions. Those children
among the fifty who do not meet admissions requirements to the University, who
receive a high school diploma before the beginning of the academic year and who
wish to continue in this program may enroll at a public community college in
3. The University will pay the in-state matriculation fees less any Bright
Futures Scholarship award for each of the fifty children for up to twelve credits per
semester during the academic year and for up to 6 credits per twelve (12) week
summer semester at the University of Florida or a public community college. The
children are responsible for payment of all other fees charged by the institution and
for any costs associated with attending the institution.
4. Continued Eligibility To continue to receive this benefit, the following
conditions must be met on August 30 commencing the second year of the child's
enrollment in the program and in each succeeding year:
a.i) The child's legal guardian must be a full-time TEAMS employee on the
first day of classes for each new semester.
b.ii) The child's cumulative GPA must be 2.75 or higher.
cii4) If the child is attending a public community college, he or she must
provide to the Office of Human Resource Services a current official copy of the
transcript of grades from the community college showing all courses attempted and
5. The University's total obligation for each child is limited to paying the
matriculation fees less any Bright Futures scholarship award for a maximum of 132
credit hours over a period of six calendar years or less, beginning with the date of
entry into the University or August 30 of the academic year in which application is
made. All completed courses, passed or failed, and withdrawals are totaled in the
count of credit hours.
6. This program will become effective for the Fall semester 2003.
- (c) Vacation Leave Pay Upon request during the month of December, up
to 16 hours of accrued vacation leave at a TEAMS employee's regular rate of pay
shall be cashed out provided the employee's remaining accrued vacation leave totals
at least forty (40) hours.
Specific Authority: BOG Resolution dated January 7, 2003.
Law Implemented: BOG Resolution dated January 7, 2003.
History--New 7-15-97, Amended 6-28-98, 3-2-03, 12-31-03, 5-30-04, 7-19-05,
3-30-07 (technical changes only),