NUMBER:
8-14-1
APPROVED DATE:
01-07-1999
BASED ON POLICY NUMBER AND TITLE:
SBTCE POLICY 8-2-100 SECONDARY STATE/DUAL EMPLOYMENT
SBTCE Policy 8-2-100 Secondary State/Dual Employment https://www.sctechsystem.edu/faculty-and-staff/policies-and-procedures/policies/8-2-100.pdf
PURPOSE: To set forth guidelines for the approval and reporting of secondary employment.
I. GENERAL TERMS AND CONDITIONS
Trident Technical College defines secondary employment as any work performed for compensation by a full time equivalent (FTE) employee outside his/her regular job duties and responsibilities and outside of regularly scheduled work hours. FTE TTC employees may accept secondary employment provided that:
- their secondary work does not interfere with their primary work at TTC;
- all required authorities approve the secondary assignment in advance;
- there is no conflict of interest between primary and secondary work; and
- the total compensation for secondary employment in any fiscal year does not exceed 30 percent of the employee's base salary
FTE employees of other state agencies may accept secondary employment with TTC, provided that all four conditions above are met. Acceptance without proper prior approval of work assignment and/or remuneration that is found to be a conflict of interest will be grounds for disciplinary action, up to and including termination.
II. SECONDARY NON-STATE EMPLOYMENT AND SELF-EMPLOYMENT BY TTC EMPLOYEES
Any TTC employee who desires to engage in self-employment or secondary employment with an entity other than a state agency first discusses the secondary work with his/her supervisor prior to the approval by the Dean/Director to ensure there is no conflict. The employee then completes Section I of "Request for Secondary Employment," TTC form T3-24, secures approval from the appropriate Dean/Director and Vice President in Section II, and sends the form to the Human Resources office. The Human Resources office then forwards the form to the President for approval. Employees may submit secondary non-state requests that are on-going on a calendar year basis, with renewal requests required each January.
III. SECONDARY STATE EMPLOYMENT GUIDELINES
- Requests for secondary employment services by any state agency shall apply to only one specific secondary employment situation. The employee must submit modifications to, or extensions of, approved requests to the primary employer for approval prior to payment by the secondary agency.
- Secondary employment agreements with any state agency shall not exceed a 180-day period.
- The College may not use secondary employment to provide a higher continuing salary than that approved by the State Budget and Control Board.
- FTE state employees serving on South Carolina state boards, commissions or committees for whom per diem allowance is to be awarded are not eligible to receive such per diem allowance.
- Travel and subsistence paid to a FTE state employee by TTC or another secondary state agency shall be in compliance with the provisions of the annual appropriations act and any regulations promulgated by the Budget and Control Board or the Comptroller General's Office.
- The requesting agency will manage, communicate, and coordinate secondary employment arrangements.
IV. SECONDARY STATE EMPLOYMENT APPROVALS
- Secondary Employment of TTC Employees by TTC
The employee first discusses the secondary work with his/her supervisor prior to the approval by the Dean/Director to ensure there is no conflict. The requesting department then completes Section I of TTC form T3-24 (including the signature of the budget administrator of the requesting department), secures approval from the primary Dean/Director and Vice President in Section II, and sends the form to the Human Resources office for completion of Sections II and III, including certification that this and other fiscal year earnings approved for secondary State employment do not total more than 30 percent of the employee's base salary. The Human Resources office then forwards the form to the President for approval. This procedure shall also be followed for compensating faculty overload, according to TTC Procedure 13-0-8, "Full-time Faculty Workload/Overload."
- Secondary Employment of Employees of Other State Agencies by TTC
The requesting department completes Section I of TTC form T3-24, including the signature of the budget administrator of the requesting department, and sends the form to the Human Resources office. The Human Resources office then sends the form to the Human Resources office of the employee's primary agency for completion of Section II and for approval. Since the approved form must be returned to TTC's Human Resources office before any payment can be issued, the requesting employee may want to ensure that his/her primary agency treats the request expeditiously. TTC's Human Resources office will complete Section III after the form is received from the primary agency.
- Secondary Employment of TTC Employees by Another State Agency
The requesting agency initiates its own form for secondary employment; the TTC employee’s Dean/Director, Vice President, and President must approve this employment before the secondary work begins. Advance authorization must be documented in writing since the form may not be available before the secondary work begins. These forms should be addressed to the Human Resources office for completion of primary employment information, certification that this and other fiscal year earnings for secondary State employment do not total more than 30 percent of the employee's base salary, and coordination of approvals by the employee's Dean/Director, Vice President, and President. The President's signature shall signify approval of the secondary employment. As a general guideline, the requesting employee should allow at least 10 working days for TTC's approval process to be fully completed.
V. SECONDARY STATE EMPLOYMENT COMPENSATION
- TTC will pay for secondary employment as services are provided, beginning on the regular monthly payroll following approval of the secondary employment. If TTC's Human Resources office does not receive approval in time for payment to be included on the first month's check, the employee will receive retroactive compensation on the next month's payroll. If a TTC employee provides services to another state agency, that agency will directly compensate the TTC employee.
- Timely processing of requests for secondary employment is essential. Approval normally will be obtained before the employee begins the secondary assignment. If an employee provides services to a state agency prior to approval and the request is denied, the employee will not be paid for services already rendered. Also, a requesting state agency is required to make payment of funds approved for and earned under secondary state employment within 45 days of the beginning of the employment.
- No employee may receive additional compensation for services performed for another state agency during normally scheduled hours of work (this includes mealtimes and breaks) unless the employee takes annual leave or leave without pay. Further, an employee's work schedule shall not normally be altered to allow time for secondary employment duties.
- An employee may take annual leave while providing services for a secondary state employer other than the State Board for Technical and Comprehensive Education (SBTCE) during his/her normal working hours and may receive secondary employment compensation from that employer for services performed during the period of leave. No employee of SBTCE, including TTC or any of the other 15 technical colleges, may receive additional compensation for secondary employment within the SBTCE system while in any leave with pay status, including annual leave, faculty non-work days, state and/or college holidays and compensatory leave. However, such work may be performed outside of regularly scheduled work hours for additional compensation, provided the conditions set forth in Paragraph E below are met.
- Services performed outside of a TTC employee's normally scheduled hours of work for TTC may be considered for secondary employment compensation if the duties are independent of and in addition to the duties and overall responsibilities of the employee's primary position. However, assignment of such additional services to an employee shall be considered only when the duties cannot be performed by this or another employee during the normal work schedule, suitable temporary employment cannot be arranged and the services to be performed are considered temporary.
Updated: 02-26-2010
Reviewed: 08-16-2016