Current Effective Date:
May 7, 2015
Original Effective Date:
May 7, 2015
The purpose of temporary workers is to fill a workforce need for a limited period of time. Temporary workers, while not to be used to permanently expand the workforce beyond authorized levels, can provide valuable resources in times of need. To ensure consistency in the management of temporary workers and compliance with Office of State Human Resources Policy, the following Department policy was developed.
This policy applies to:
It is the policy of the Department of Health and Human Services (DHHS) to establish and utilize temporary workers consistent with laws, policies, and best practices. DHHS Division of Human Resources has the responsibility to monitor and ensure compliance with policy; therefore, under no circumstances shall an individual be utilized as a temporary worker prior to receiving the appropriate approval as described in the following procedures.
The 2013 NC Executive Order #4: Temporary Employment Services established that departments should engage temporary workers through NC OSHR Temporary Solutions. Temporary Solutions will be the primary provider of temporary workers. Exceptions to use other approved temporary staffing vendors must be approved in advance. The Division/ Facility HR Office will refer requests for exceptions to the DHHS Central HR Office.
Temporary Assignment - A temporary assignment is for a limited term, normally three (3) to six (6) months. The assignment shall not exceed eleven (11) consecutive months in any division/ facility/ office of DHHS unless certain exceptions are met as detailed in this document. Examples of staffing needs for a temporary appointment include but are not limited to: administrative roles; skilled trades-mechanics; electricians; masons; health care professionals, or educators. Temporary Workers with a temporary assignment are employees of the temporary staffing vendor (not DHHS) and do not earn or accrue leave, total state service credit, retirement credit, severance pay or priority reemployment consideration.
Temporary Worker – Is a term to describe a workforce need over a specific period of time. Temporary worker may be further defined as either: worker obtained through Temporary Solutions, or from an approved temporary staffing vendor.
Temporary Solutions - Temporary Solutions was established by the North Carolina Office of State Human Resources (OSHR) to provide temporary staffing services for State Government agencies. Individual divisions/ facilities/ offices utilize the services of Temporary Solutions for temporary worker needs, except for approved exceptions. Temporary Solutions staff working thirty (30) hours or more per week on average will be eligible for health insurance coverage at the temporary worker’s option.
Temporary Staffing Vendors – These vendors supply temporary workers to supplement the current DHHS workforce over a specific period of time in lieu of Temporary Solutions. Temporary workers supplied through a temporary staffing vendor are required to take a thirty-one (31) day break from any work for DHHS after eleven (11) consecutive months of service. Vendors should complete a Memorandum of Understanding (MOU) through the DHHS Office of Contracts, Grants and Compliance to be considered a temporary staffing vendor.
Temporary Rehired State Retirees and Non-State Retirees - Retirees from the State of North Carolina drawing retirement compensation from the Teachers’ and State Employees’ Retirement System are not eligible for re-employment with the state until six (6) months after initial retirement and are subject to an annual earnings limit as established by the North Carolina Department of State Treasurer. State Retirees and Non-State Retirees may sign a statement that they are not available for nor seeking permanent employment. With that acknowledgement, they may have a temporary assignment for more than eleven (11) consecutive months. http://www.oshr.nc.gov/Recruit/tempsolu/Employee%20Information.pdf. Due to the Affordable Care Act, all Rehired State Retirees who return as a temporary worker are required to utilize Temporary Solutions as the source agency.
Note: Temporary Rehired State Retirees who become Temporary Solutions staff are ineligible for the State Health Plan (SHP) coverage through the Retirement System and become eligible for the High Deductible Health Plan (HDHP) if reasonably expected to work thirty (30) hours or more per week or on average work thirty (30) hours per week or more upon commencement of work. For specific guidelines and requirements, please refer to: (http://www.oshr.nc.gov/Recruit/tempsolu/Health%20Plan%20Information.pdf )
Retiree - is an individual drawing a retirement income and/or social security benefits.
Full-time student – Undergraduate student taking at least twelve (12) semester hours or graduate student taking at least nine (9) semester hours are considered full-time students and are therefore exempt from the eleven (11) month maximum limit applicable to staff of
Temporary Solutions and other Temporary Staffing Vendors. The student must sign a statement acknowledging their status to be exempt. http://www.oshr.nc.gov/Recruit/tempsolu/Employee%20Information.pdf
DHHS Office of Contracts, Grants and Compliance – Administers specific guidelines, requirements and procedures regarding Temporary Staffing Vendors. Any established agency specific NC State Term Contracts are not subject to this Temporary Worker Policy. These contracts have been bid and negotiated by the State or DHHS (e.g. nursing contracts, physicians and locum tenens). Please contact DHHS Office of Contracts, Grants and Compliance.
The manager initiates the request for a temporary worker. The manager must adhere to the OSHR Selection policy regarding nepotism and Equal Employment Opportunity guidelines in selecting a temporary worker. Depending on the division/ facility/ office and work to be performed, a temporary worker may need access to various data systems (e.g. NCTracks, NC FAST, BEACON, NCAS and E-Procurement) which should be obtained directly with the appropriate source.
Division/ Facility/ Office
Each division/ facility/ office is responsible for ensuring all temporary workers are aware of and adhere to policies, procedures and division/ facility/ office specific standards (e.g. confidentiality, HIPAA, background check). This includes temporary workers returning from thirty-one (31) day break.
Division/ Facility HR Office
The Division/ Facility HR Office serves as the point of contact for information on requesting a temporary worker utilizing Temporary Solutions and approved Temporary Staffing Vendors. The Division/ Facility HR Office will:
Temporary Solutions is responsible for advertising, recruiting, screening and recommending candidates when a specific temporary worker has not been requested by the manager. Temporary Solutions also administers pay and tracks hours worked to identify Temporary Solutions’ staff who qualify for the Affordable Care Act (ACA) health benefits.
DHHS Central HR Office
The DHHS Central HR Office serves as the policy administrator
Break in Service
Position and/or Assignment Changes
Temporary Solutions&' staff are paid bi-weekly through BEACON Timekeeping System. All Temporary Solutions workers will be assigned an NCID account.
Temporary Staffing Vendors’ staff follow the respective vendors’ process for recording time worked.
Affordable Care Act (ACA)
Temporary Solutions staff working thirty (30) hours or more per week on average will be eligible for health care insurance coverage at the temporary worker’s option through the ACA. http://www.oshr.nc.gov/Recruit/tempsolu/healthins.htm DHHS will receive a separate bill for the cost of Temporary Solutions’ staff health coverage. This cost will be charged to the division/ facility/office engaging the temporary worker.
Short-Term IT Staffing Vendors
Information Technology Services (ITS) has established contracts with specific vendors to supply IT temporary workers and therefore are not subject to this policy. The DHHS Central HR Office will request a quarterly report of IT temporary workers in Divisions/ Facilities/ Offices via ITS or the applicable DHHS IT Liaison.
Forms and Links:
Temporary Worker Procedures
Request for Temporary Worker Procedures:
Preferred Option: Temporary Solutions
Option 2: Temporary Staffing Vendors
Expediting for critical needs through Temporary Staffing Vendors
To expedite certain critical activities, a division/ facility/ office may request a waiver to omit certain steps in the Temporary Staffing Vendor process. This written agreement will utilize a particular vendor for specific classification(s). The justification should be based on the program’s need to provide essential service delivery (e.g. direct care). Under the agreement, the administration of the temporary worker process can occur at the service delivery or program level as opposed to the Division/ Facility HR Office and so long as the Temporary Worker Tracking Log is updated on a weekly basis. The MOU should be submitted by program management to the Division/ Facility HR Office for consideration. The request is then forwarded to the DHHS Central HR Office for final approval.
Extension to the eleven (11) month break for Temporary Staffing Vendors
To address the continuity of critical activities regarding direct care temporary workers approaching their eleven (11) month break, a division/ facility/office may request an extension of the temporary worker’s assignment for an additional month. This extension must be approved by the Division/ Facility HR Office. To extend beyond the twelve (12) months, written authorization approved by the Division/ Facility Director must be submitted to the DHHS HR Director, along with a copy to the Division/ Facility HR Office, for approval by the DHHS HR Director or designee.
If neither Temporary Solutions nor the Temporary Staffing Vendor option is feasible for engaging a temporary worker, the request is forwarded to DHHS Office of Procurement and Contracts Services for review to determine another acquisition method.
Separating Temporary Worker Procedures:
Hourly Rate Billing
For questions or clarification on any of the information contained in this policy, please contact the policy owner or designated contact point: Human Resources. For general questions about department-wide policies and procedures, contact the DHHS Policy Coordinator.