PR 4505 Workers Compensation
| Section: 4000 Personnel |
| Sub Section: 4500 Compensation |
| Title: PR 4505 Workers’ Compensation |
| Primary Policy: PP 4505 Workers’ Compensation |
| References: Missouri Department of Labor and Industrial Relations; US Federal Department of Transportation 49 CFR Part 40; Federal Motor Carrier Safety Administration 49 CFR Part 382 |
| Supersedes: 6.3.3 |
| Responsible Administrator: Director of Human Resources |
| Initial Approval: 03-30-2010 |
Last Revision: 09-21-2016 |
The purpose of this regulation is to ensure that employees of Three Rivers College injured within the course and scope of their employment will receive appropriate medical care and a managed return to work in accordance with the mandates of the Missouri Workers’ Compensation Act.
“Job related injuries” should be reported to the human resources office as soon as possible so that notice of injury may be filed with the insurance company.
It is solely the responsibility of the injured employee to report the injury within required limits of the Workers’ Compensation Insurance Regulation (30 days). This regulation shall constitute notice to the employee. The college will not be responsible for injuries not reported to the human resources office within the required time.
Regulation Compliance
Employees shall comply with this regulation and associated policy as a condition of their employment. This includes, but is not limited to, the expectation that employees shall:
- comply with physician’s orders,
- immediately notify supervisor of work-related injury or illness,
- refrain from the use of drugs and/or alcohol in violation of the college’s policies,
- comply with safety standards,
- return to work upon release of physician, and
- be absolutely truthful and accurate in all claims and reports.
Failure to comply with this regulation will result in college discipline up to and including termination.
Penalties for Fraud
In accordance with Missouri State Law, any employee who submits a fraudulent workers’ compensation claim and/or misrepresents facts can be found guilty of a Class A misdemeanor and may be subject to substantial criminal fines.
Notice Requirements
A work-related injury or illness must be reported “in writing” by the injured employee to his or her supervisor immediately. If an injured employee fails to report an injury in writing within 30 days, the Division of Workers’ Compensation may be entitled to deny any benefits under the Law.
Workers’ Compensation Benefits Payable
Employees who suffer an injury or illness caused by an accident or occupational disease arising out of and in the course of employment (“work-related injury”) will receive benefits paid by the district according to the Workers’ Compensation Law of the State of Missouri (“the Law”). Employees driving College owned or subsidized vehicles are not covered by this policy when driving such college owned vehicles to or from the home or to or from the work station.
The College’s insurer shall determine whether the injury is compensable under the Law. If the injury is deemed compensable, the employee will receive, subject to all provisions of the Law:
- Medical treatment (if approved by the district in advance).
- If the employee is off work more than three work days, the employee will receive 2/3 of their average weekly wage, up to a state maximum, while temporarily and totally disabled.
- If the injury is severe and it causes permanent disability, the Division of Workers’ Compensation may award a lump-sum benefit for the disability.
Direction of Medical Care
In Missouri, the employer is afforded the right to select the medical care provider(s) for employee work-related injuries. The college’s Human Resource Office maintains a current list of approved providers. The employee ultimately maintains the right to use the provider of the employee’s choice, but any expenses associated with that use will be borne solely by the employee.
Supplementation of Payroll
Employees injured on the job will be excused from work without loss of pay, vacation, or sick leave in order to obtain medical attention on the day of the accident or injury occurs.
If an employee is unable to return to work following the accident or injury, the employee may elect to use accrued vacation or sick leave instead of taking leave without pay.
Workers’ Compensation law requires a three-day waiting period following an accident or injury before making payments to employees. After the three-day waiting period, an employee may either (1) take the compensation paid through Workers’ Compensation only and go on leave - without-pay status, or (2) continue to use accumulated vacation or sick leave to supplement the Workers’ Compensation pay in order to receive full salary. In no case, however, shall an employee receive more than his/her normal monthly salary amount as a result of receiving both Workers’ Compensation pay and vacation or sick leave benefits. Employees must report the type of leave on the request for leave form for the period of time the employee is unable to work. If you do not complete the request for leave form, it will be assumed you have elected leave-without-pay status. Employees who supplement their workers’ compensation payments (i.e., the temporary total disability (TTD) payments from the insurance) by using accrued vacation, sick leave, and/or compensatory time off during the month will accrue vacation and sick leave for that month.
Continuation of Employee Benefits While Off Work Due to Compensable Injury
If an employee is not able to work due to a compensable injury and as long as the injured person remains an employee of the college, all regular employee benefits may continue. However, the employee is responsible for making separate payment arrangements for benefits with the business office.
Compliance with Physician’s Orders
An employee with a compensable injury must strictly follow any and all instructions of the treating physician. This compliance includes, but is not limited to: prescription use, therapy, rest, following activity restrictions, and returning for follow-up visits. Compliance with medical instructions is mandatory on and off the job.
Returning to Work
When returning to work, the employee is required to provide a written release from the approved workers’ compensation physician. If the employee has been given a written release by the approved workers’ compensation physician to return to light duty or regular duty (either part time or full time), the workers’ compensation payments and FMLA Leave will be adjusted or terminated dependent upon the status of the employee. The employee will then begin to receive his/her college paycheck monthly basis at his/her normal pay schedule. For more information, please contact the Human Resources Department.
Coordination of Leave
If the employee is injured on the job and the injury also qualifies as a “serious health condition”, the employee will qualify for both Workers’ Compensation benefits and FMLA leave.
Drug and/or Alcohol Use
Under the Law, workers’ compensation benefits can be denied if an employee is found to be using alcohol and/or non-prescribed controlled drugs in the workplace and the use is the proximate cause of the injury. If the employee is found to be using alcohol/drugs and the use is not the proximate cause of the injury, a 15% penalty can be levied against otherwise payable benefits.
For those employees in college positions which are inherently dangerous (Public Safety Officers, Maintenance Workers, Authorized Drivers, etc.) the college reserves the right to conduct random drug testing to ensure the safety of the employee and the college even when no suspicion of alcohol/drug use exists.
Rule Violation or Willful Failure to Use Safety Devices
If an employee violates a rule of the college or willfully fails to use a required safety device, that employee’s workers’ compensation benefits may be reduced by 15%.
Failure to Return to Work after Physician Release
An employee, who fails to return to work after receiving a release from the approved workers’ compensation physician to do so, will be considered absent from their job without authorization. The college considers 3 days of unauthorized absence without notice to be a voluntary resignation.
Drug-Free Workplace
Three Rivers College prohibits all employees from the possession, distribution, or presence under the influence of alcohol and non-prescribed controlled substances while on school premises. The prohibition is exemplified by the Drug-Free Workplace policy. Violation of either policy and/or regulation will result in disciplinary action up to an including termination. Such violation may result in substantially reduced or forfeiture of workers compensation benefits where the use of substances prohibited by this policy was in conjunction with or related to a work place injury.
Post-Accident Drug/Alcohol Testing
Employees under the influence of alcohol, drugs, or controlled substances while on duty are a serious risk to themselves, to students, to other employees, and to college property. When an employee is involved in an accident producing injury, the college will require the employee to submit to post injury alcohol/drug testing.
Post-accident testing will be utilized after any accident.
Refusal to submit to post injury testing will result in disciplinary action up to, and including termination, and may result in forfeiture of Workers Compensation benefits for injuries related to the request for testing.
Employees will be subject to post accident drug testing when a college administrator has sufficient cause to suspect the employee’s use of alcohol or non-prescribed controlled substance producing accident, in conjunction with or related to a work place testing. Such post-accident testing will be utilized in the instance of the occurrence of any of the five instances set forth in this policy.
Safety Standards
The college issue specific safety standards and will provide ongoing directives, oral and written, to maximize employee and student safety. Failure to comply with such safety directives shall result in disciplinary action up to and including termination.
DOCUMENT HISTORY:
| 03-30-2010: |
|
Initial approval of regulation PR 4505 Workers’ Compensation. |
| 08-16-2011: |
|
Language added to specific random drug testing for employees in inherently risky jobs.
|
| 09-21-2016: |
|
The College Board of Trustees approved the name change of the college from Three Rivers Community College to Three Rivers College.
|
PR 4506 Overtime and Compensatory Leave
| Section: 4000 Personnel |
| Sub Section: 4500 Compensation |
| Title: PR 4506 Overtime and Compensatory Leave |
| Primary Policy: PP 4506 Overtime and Compensatory Leave |
| Associated Policy: GAP 1107 Disruption in Normal College Operations |
| Associated Regulations: FR 3510 Travel Authorization and Reimbursement; PR 4210 Work Hours of Employment |
References: Federal Fair Labor Standards Act
|
| Supersedes: NA |
| Responsible Administrator: Director of Human Resources |
| Initial Approval: 12-16-2009 |
Last Revision: 04-20-2022 |
The Federal Fair Labor Standards Act (the “Act”) was enacted by Congress to regulate such employment matters as hours of work, minimum wage, overtime compensation, and other conditions of employment. The Act, in conjunction with the regulations set forth by the Wage-Hour Division of the Department of Labor, also promulgates requirements related to the posting of notices, the preservation and location of records, and the record keeping requirements for employers. The Act further establishes specific criteria regarding whether employees are exempt or non-exempt for minimum wage, overtime, and compensatory leave.
Provisions of this Regulation shall be read in conjunction with Policy PP4506. In all instances where Regulation PR4506 fails to address or is inconsistent with provisions of the Act, the Act will control.
Definitions
The following definitions shall be used for the overtime, wage, and hour policies of the College:
A. Hours Worked – time for which an employee is entitled to be compensated. Employees must be compensated for time they are suffered or permitted to work. Hours worked may include time spent in incidental activities as well as in productive labor. Work a supervisor permits must be counted as hours worked. It is the duty of the supervisor to exercise control so that only authorized work is performed. The overtime provision of the Act allowing for compensatory leave is earned when a non-exempt employee actually works more than forty (40) hours in a given workweek. This does not include hours paid an employee for non-working hours (i.e., sick, vacation pay, scheduled holidays).
B. Workweek – the fixed and regularly recurring period of 168 hours, seven consecutive twenty-four-hour periods. For the purpose of this regulation, the normal workweek constitutes the period of time between 12:01 a.m. Sunday through 12:00 a.m. the following Sunday. Hourly and salaried non-exempt employees may be scheduled to work any forty (40) hours or any combination of work hours not in excess of forty (40) hours per period.
C. Overtime – hours actually worked in excess of forty (40) hours per workweek. The College does not pay overtime compensation for work on Saturdays, Sundays, or holidays, except when the number of hours actually worked in a single workweek exceeds forty (40) hours.
D. Overtime Compensation – Overtime credit will be given only after a non-exempt employee completes, or is credited with, forty (40) hours of actual work in any workweek. When a non-exempt employee has amassed more than forty (40) hours in a workweek, the non-exempt employee will be paid overtime compensation of at least one and one-half times (1½) the regular rate of pay for all hours worked in excess of forty (40) hours in that workweek. See also Compensatory Leave.
E. Compensatory Leave – hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee’s regular rate. Leave shall be given at a rate not less than one and one-half (1½) hours for each hour actually worked.
F. Each Workweek Stands Alone – The Act takes a single workweek as its standard and does not permit averaging of hours over two (2) or more weeks. Thus, if a non-exempt employee works thirty (30) hours one week and fifty (50) hours the next, he/she must receive overtime compensation for the overtime hours worked beyond the applicable maximum in the second week, even though the average number of hours worked in the two (2) weeks is forty (40).
G. Record Keeping Requirements – The Act requires that records regarding employees such as wages, hours, and other related items including overtime and compensatory leave be retained by the College for a minimum of three (3) years. Accurate records of actual hours worked must be completed on a daily basis. For a week when an employee works less than their scheduled time, some type of leave must be recorded on the College employee portal (i.e., compensatory leave, vacation, sick, or personal).
1. In order to use earned compensatory leave, the employee must complete a Request for Leave. Vacation leave, sick leave scheduled in advance (i.e. doctor’s appointments, dental appointments, elective procedures, etc.), and compensatory leave must be requested ten (10) college working days in advance. Requested leave is subject to the approval of the immediate supervisor and applicable cabinet member. Approval of requests without ten (10) working days prior notice is subject to the approval of the appropriate cabinet member. Such requests must include full explanation of the reasons resulting in failure to provide proper notice.
2. The required documents for record keeping will be retained in the payroll office and will be the joint responsibility of the supervisor and the payroll office. The compensatory leave exhausted shall be recorded with a Request for Leave by the employee, reviewed by the supervisor, and if approved, sent to the payroll office.
3. Accumulated compensatory leave must be used first in lieu of vacation/annual, sick, sick bank pool, or personal leave.
4. If overtime pay is sought in lieu of compensatory leave it must be pre-approved by the college president and recorded on the appropriate time sheet and the overtime work request form.
H. Maximum Compensatory Leave – The Act states that an employer may permit employees to accrue a maximum of 240 hours of compensatory leave (160 overtime hours worked) before the employee must be paid overtime premiums in cash.
I. Saturdays, Sundays, and Holidays – The College does not provide overtime compensation for hours in excess of eight (8) per day or for work on Saturdays, Sundays, and holidays or regular days of rest unless the employee has worked in excess of forty (40) for the workweek. If no more than forty (40) hours in any workweek are actually worked, overtime compensation will not be paid.
J. Short-term Closure for Weather and Emergency Events (less than five working days) – For employees performing essential duties on and required to report to work during weather related or emergency event closures as determined by the College President, compensation will be provided for the normal eight-hour workday. In addition, the employee will be compensated at the appropriate overtime or compensatory rate for actual time worked.
K. Long-term Closure Weather and Emergency Events (more than five working days) – For employees performing essential duties on and required to report to work during weather related or emergency event closures as determined by the College President, compensation will be provided for the normal eight-hour workday, without additional compensation.
L. Extraordinary Circumstances – When conditions require substantial changes to the work environment and alternative work arrangements, determinations will be made by the College President with regard to essential duties, alternative work methodologies, and operational status to best ensure the safety of the students, employees, and College while maintaining College operations.
Eligibility
Only non-exempt employees are eligible to receive overtime compensation and compensatory leave. Employees are considered non-exempt unless their position meets one of the exempt definitions as an executive, administrative, learned professional, creative professional, highly compensated or exempt computer employee and the activities directly and closely related to such work.
Salary Basis Requirement
To qualify for exemption, employees are paid at a rate defined by the Department of Labor Hour and Wage Division. These salary requirements do not apply to teachers and employees practicing law or medicine.
Executive Employee Exemption
1) To qualify for the Executive Employee Exemption, all of the following tests must be met:
2) The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division.
3) The employee’s primary duty must be managing the enterprise or managing a customarily recognized department or subdivision of the enterprise;
4) The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
5) The employee must have the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.
Administrative Employee Exemption
To qualify for the administrative employee exemption, all of the following tests must be met:
1) The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division.
2) The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
3) The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
Professional Employee Exemption
To qualify for the learned professional employee exemption, all of the following tests must be met:
1) The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division;
2) The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
3) The advanced knowledge must be in a field of science or learning; and
4) The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
To qualify for the creative professional employee exemption, all of the following tests must be met:
1) The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division.
2) The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
Highly Compensated Employee Exemption
To qualify for the highly compensated employee exemption, the following tests must be met:
1) The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division.
2) The employee is compensated with a total annual compensation of a rate no less than the rate defined by the Department of Labor Hour and Wage Division and is deemed exempt under the provisions of the Act if the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee.
Computer Employee Exemption
To qualify for the computer employee exemption, the following tests must be met:
1) The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division.
2) The employee must be compensated either on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division, or if compensated on an hourly basis, at a rate not less than $27.63 an hour.
3) The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; and
4) The employee’s primary duty must consist of:
a) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
b) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
c) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
d) A combination of the aforementioned duties, the performance of which requires the same level of skills.
Employees who satisfy the definitions established for these exemptions (exempt employees) are not to be paid the statutory minimum wage and are not to be compensated for hours worked in excess of forty (40) hours per workweek.
If it becomes difficult to determine the status of a particular employee, a careful analysis of the employee’s duties directly and closely related to the work described will usually be necessary in arriving at a satisfactory determination of the employee’s status. Job descriptions and employment conditions will be periodically reviewed to ensure the status of an employee is current with the provisions of the Act.
Overtime and compensatory leave are earned based upon hours actually worked over forty (40) hours in a designated workweek. Work over forty (40) hours a workweek is not to be performed at the discretion of the employee. All work over forty (40) hours during a designated workweek must be approved and scheduled in advance by the employee’s supervisor and the appropriate cabinet member. Non-exempt employees who work in excess of forty (40) hours without authorization from a supervisor will be compensated for their work but will be subject to disciplinary action up to and including termination.
Approval of Overtime/Compensatory Leave
Working unauthorized overtime is prohibited. Non-exempt employees may not work over forty (40) hours per workweek without written authorization as outlined in this regulation. Non-exempt employees who work unauthorized overtime and supervisors who permit employees to work overtime without appropriate authorization are in violation of this regulation and subject to disciplinary action up to and including termination.
During peak workload periods, unexpected events, and registration periods, overtime work for hourly and salaried non-exempt employees may be required. The College may request that employees work overtime due to the special needs of a particular department. Supervisors will give as much notice as possible to employees when overtime work is anticipated. Advance notice, however, may not always be possible. Refusal to work mandatory overtime will be grounds for disciplinary action up to and including termination.
Accrual of Compensatory Leave
All compensatory leave shall be used prior to the next pay period after accrual in which it was earned and, when present, be used in lieu of all other types of leave.
The next pay period rule must be viewed with good judgment by the supervisor. It is the objective of the College to grant time off in a reasonable amount of time without permitting the accrual of hours to become excessive.
In cases where a supervisor cannot allow the employee to take time off prior to the next pay period, written justification must be provided to the appropriate cabinet member. The cabinet member will either recommend the payment of overtime or will authorize that the compensatory leave be held and used within the next pay period. In no case shall compensatory leave be held for more than one additional pay period without the written approval of the college president. In cases where the payment of overtime is recommended, written approval of the college president is required.
Rate of Payment of Accrued Compensatory Leave
If compensation is paid to a non-exempt employee for accrued compensatory leave, such compensation shall be paid at the regular rate earned by the employee at the time the compensatory leave is paid.
Accrual and Payment
Non-exempt employees may be required to work overtime when deemed necessary. Overtime begins after the non-exempt employee has worked a full 40 hours in a single workweek. Overtime requests must be submitted via the Overtime Request Form and be pre-approved by the supervisor and appropriate cabinet member. The employee will be appropriately compensated as required by law, by one of the following ways:
1. The employee will be paid at a one-to-one rate for overtime in a week in which there was a holiday, or the college was closed for inclement weather or other college closure. Paid overtime must be approved by the president.
2. The employee will accrue compensatory time at a rate of one and one-half (1 ½) hours for each hour worked.
3. The employee will be paid at a rate of one and one-half (1 ½) times the regular rate of pay for all hours worked in excess of forty (40) hours in that workweek. Paid time must be approved by the president.
Monitoring of Overtime and Compensatory Leave
Overtime and compensatory leave shall be closely monitored. It is the responsibility of the supervisor to monitor and record the employee’s hours of work and leave requests. It is the responsibility of the supervisor to ensure all appropriate paperwork is submitted expeditiously so that proper compensation can be made.
Travel for Non-Exempt Employees
Because of the complexity in accounting for time worked of non-exempt employees during travel, the following examples are provided:
The College’s normal work hours/normal workweek days are defined as Monday through Friday, 8:00 a.m. - 5:00 p.m. with an hour for lunch.
Travel during the normal work hours/normal workweek days, but not overnight
When an employee is required to travel during what would be considered his/her “normal workday”, whether the employee is driving or is just a passenger on the trip, that time is considered time worked and recordable. If the person is on a regular meal period or other free period, this is not considered time worked. When travel that occurs in one day is performed for the employer’s benefit and at the employer’s request, it is considered part of the “principal activity” of the employer and would be considered compensable. However, for travel that occurs in one day, not all time needs to be counted as hours worked. The employee’s typical “home-to-work” commute duration may be deducted.
Example: A non-exempt employee drives to work to meet a group of employees at 7:00 a.m. The group drives (whether in a personal or college owned vehicle) to the destination. The employees return from the destination, drop the vehicle off at work at 9:00 p.m. and then return home. Employee must be paid 13 hours, regardless of the employees’ status as a driver or as a passenger. (14 hours – 1 hour for lunch, assuming a lunch is taken – no drive time deduction).
Travel that extends into an overnight stay during the normal work hours/outside of the normal workweek days
Events carry a special requirement from the Wage and Hour Division Regulations. For this type of travel, all of the above elements of the travel for “normal work hours/normal workweek days” still apply to the time considered normal workdays. All of the traveling during the normal workdays, but outside of the normal work hours also applies. But – For the days that has the employee “out of town” that extends into the area of “outside of the normal workweek days”, the employee’s time is recordable, regardless of work assignment for the hours within the “non-standard days” that would match with the “normal work hours” of the “normal workweek”.
Example: Employee A has a normal workweek of Monday through Friday and normal hours of 8:00 a.m. to 5:00 p.m. with a one-hour break for lunch. During this particular period, Employee A must leave town on Monday at 3:00 pm and does not return home until Sunday Noon. The hours from 3:00 pm until 5:00 pm on Monday would be considered recordable time worked (within his normal hours, and within his normal workweek). The balance of his time from 5:00 pm on Monday until 8:00 am on Tuesday would not be recordable unless he is working for the College. The time between 8:00 am until 5:00 pm on Tuesday, Wednesday, Thursday, and Friday (normal hours of work during normal days of work) would all be considered recordable time. Outside of these hours on these days, it would be only recordable time if the employee is working. On Saturday from 8:00 a.m. through 5:00 p.m. and on Sunday from 8:00 a.m. through noon, it would be recordable time since this is within the “normal work hours” of a standard workday for the employee. The balance of the time on Saturday and Sunday (before the start of the normal work hours or after normal work hours on Saturday) would depend on the activities of the employee, as noted above regarding travel.
Non-exempt Employee Electronic Communications
As with other types of unauthorized work, all time spent by nonexempt employees utilizing electronic communications for work purposes will be considered hours worked, is compensable and count toward overtime eligibility as required by law. Therefore, in order to avoid incurring unnecessary expenses, electronic communications should not be used outside of regularly scheduled work hours unless required by the supervisor. This includes all types of work-related communication
Non-Exempt Employees (Whose Regularly Assigned Duties Do Not Include Teaching):
If a non-exempt employee whose regularly assigned duties do not include teaching is hired to teach a course, and that course meets during the employee’s regularly scheduled day, the employee shall make up time missed during the regular work day in order to teach the course. In addition, if the employee’s work hours in a workweek exceeds forty (40) when his or her non-teaching and teaching duties are aggregated, the employee will receive overtime compensation by utilizing a blended rate. The non-exempt employee will clock all hours worked for both positions. For the course taught, the non-exempt employee will be balanced at the end of the semester to ensure full compensation for the course rate as agreed upon. Should the employee clock hours and pay exceed the per course rate, the employee will receive the pay as reflected by hours recorded as approved work, even if the pay is greater than the agreed upon course rate.
DOCUMENT HISTORY:
| 12-16-2009: |
|
Initial approval of regulation PR 4506 Overtime and Compensatory Leave. |
| 11-22-2013: |
|
Paragraph deleted:
If a night shift overlaps the end of one workweek and the beginning of the next workweek, then hours worked should be recorded in the workday/week in which the shift began.
Full-time employees working thirty-five (35) hour workweeks are not eligible for overtime compensation until more than forty (40) hours are actually worked. Thirty- five (35) hour employees will be compensated at their regular hourly rate until more than forty (40) hours are actually worked in a designated workweek.
Statement Added:
Public Safety Officer hours will be determined on a “work period” basis as defined by the FLSA and law enforcement officers.
|
| 09-10-2016: |
|
Added new reference: FR 3510 Travel Authorization and Compensation, added statement for clarification regarding Non-Exempt Employee travel and statement as follows: “The employee must be compensated on a salary or fee basis at a rate no less than the rate defined by the Department of Labor Hour and Wage Division.” |
| 09-21-2016: |
|
The College Board of Trustees approved the name change of the college from Three Rivers Community College to Three Rivers College. |
| 05-20-2020: |
|
Expansion of PR 4506 Overtime and Compensatory Leave to include different classifications of disruption to normal college operations, as well as college closures and event cancellations. |
| 04-20-2022: |
|
Clarification of accrual and payment of compensatory leave and minor edits; inclusion of information relating to non-exempt employee compensation rate as an adjunct instructor.
|
PR 4510 Benefits
| Section: 4000 Personnel |
| Sub Section: 4500 Compensation |
| Title: PR 4510 Benefits |
| Primary Policy: PP 4510 Employee Benefits |
| Associated Policies: PP 4505 Workers’ Compensation |
| Supersedes: 6.3, 6.4, 6.5, 11.1, 11.2, 11.3, and 11.9 |
| Responsible Administrator: Director of Human Resources |
| Initial Approval: 09-22-2010 |
Last Revision: Last Revision: 05-15-2024 |
Three Rivers College provides benefits to full-time employees only, except as required by law. The Board of Trustees considers the inclusion of said benefits on an annual basis. The extent and nature of benefits provided may vary by employee group and work schedule. Information and summary communications intended to explain benefit plans are furnished to all plan participants on a continuing basis. Additional information regarding the College benefits outlined herein is available through the office of human resources.
Liability Insurance
The College maintains liability insurance policies for the protection of employees and the College. A description of the coverage afforded by these policies is available to employees through the office of human resources. If the employee is witness to or involved in an incident which could conceivably expose the College and/or the employee to liability, the employee must notify campus police to initiate a report. A copy of the report will be provided to the office of financial services.
Workers’ Compensation
College employees are covered under workers’ compensation and unemployment insurance. Reference: PP 4505 – Workers’ Compensation Benefits.
Unemployment Compensation Insurance
Both full- and part-time employees at Three Rivers College are covered by unemployment insurance. The Missouri Employment Security Law provides unemployment insurance benefits for workers who become totally or partially unemployed, if the employee meets the eligibility requirements of the law. No deductions are made from the employee’s pay for this insurance; it is paid by the College. Further information is available from the Missouri Department of Labor and Industrial Relations.
Social Security and Medicare
College employees contribute to the Social Security System and Medicare except for instructors and certified employees covered by Public School Retirement System of Missouri (PSRS). The College matches Social Security and Medicare (FICA) contributions. Since March 31, 1986, Medicare has been deducted from new employees’ earnings, but not from those full-time staff with PSRS membership and those with continuous employment at Three Rivers beginning prior to March 31, 1986.
Bookstore Discounts
College employees receive a 10% discount on merchandise purchased at the College bookstore. Employees will be required to show their College identification to receive the discount.
Group Insurance Benefits
Insurance payments will not be made by the College for full-time employees in federally funded programs once funding by the Federal Government has ceased.
Medical Insurance
The College pays the full cost of the medical premium for the base plan election for the employee. Employees may cover their spouses and/or eligible children under the group plan. If dependent coverage is elected, the employee is required to pay the monthly premium through payroll deduction. Employees may decline the coverage; however, proof of other coverage must be provided, and a declination form must be completed and filed with the office of human resources. Coverage for new employees becomes effective as specified in the summary plan description.
Life Insurance
The College provides employees with basic term-life and accidental death and dismemberment insurance. Employees may choose to purchase additional supplemental coverage for themselves subject to specified approved guidelines. Employees may also purchase dependent life insurance coverage on spouses and/or dependent children. The premiums for additional coverage are paid by the employee through payroll deduction.
Dental Insurance
The College provides employees with dental insurance coverage. Employees may cover their spouses and/or eligible children under the same group plan. If dependent coverage is elected, the employee will be required to pay the monthly premium through payroll deduction. Coverage for new employees becomes effective as specified in the summary plan description.
Vision Insurance
The College pays the full cost for employee vision coverage. Employees may cover their spouses and/or eligible children under the group plan. If dependent coverage is elected, the employee pays the monthly premium through payroll deduction. Coverage for new employees becomes effective as specified in the summary plan description.
Cafeteria Plan
The College offers full-time eligible employees the opportunity to participate in a Premium Only Plan. This allows employer-sponsored premium payments to be paid by the employee on a pre-tax basis instead of after-tax. The Three Rivers College Premium Only Plan Document specifies participation requirements.
Public School Retirement System (PSRS) of Missouri
In compliance with PSRS guidelines, all full-time and part-time instructors and qualified professional staff are members of PSRS provided they work 17 hours or more per week and are employed in a position that normally requires at least 600 hours of annual service. Contributions to PSRS are matched by the College at the authorized rate. Members of PSRS are not covered by Social Security.
Public Education Employee Retirement System (PEERS) of Missouri
In compliance with PEERS guidelines, all employees eligible for PEERS Retirement and who work 20 hours or more per week in a position that normally requires at least 600 hours of service per year are members of The Public Education Employee Retirement System (PEERS). The College matches employees’ contributions into PEERS. Members of PEERS are also covered by Social Security. The College matches employees’ contributions in Social Security.
Tax Sheltered Annuities (403b)
The College provides for payroll deduction and processing for employees participating in tax-sheltered annuities on a voluntary basis. The College makes no contribution on the employee’s behalf.
Administration services for the College are provided by a third-party vendor to assist in compliance with federal/state tax regulations. The plan document and a list of approved 403(b) providers are available for employees to review in the office of human resources. The College does not endorse any particular policy or company.
Tuition Waivers for Full-time Employees
A waiver of tuition for Three Rivers College courses is provided for all full-time employees on a space available basis. Tuition remission applications must be resubmitted annually and will be applicable one academic year beginning with the fall semester. Continuing Education courses and individual instruction are not eligible for waiver of tuition.
The waiver is for tier one tuition and common fees only. Employees may enroll in courses during working hours using flex-time with the approval of their supervisor. The College president reserves the right to exempt special courses.
Tuition Waivers for Spouses of Full-Time Employees
A waiver of tuition is available for spouses of all full-time employees who enroll in Three Rivers College courses on a space available basis. Tuition remission applications must be resubmitted annually and will be applicable one academic year beginning with the fall semester. Continuing Education courses and individual instruction are not eligible for waiver of tuition.
The waiver is for tier one tuition and common fees only. The tuition waiver for spouses is granted only to those students not receiving institutional scholarships. The College president reserves the right to exempt special courses.
Tuition Waivers for Qualifying Children of Full-Time Employees
A waiver of tuition is authorized for the qualifying children (as defined by the Internal Revenue Service IRS) of all full-time employees who enroll in Three Rivers College courses on a space available basis. Tuition remission applications must be resubmitted annually and will be applicable one academic year beginning with the fall semester. Continuing Education courses and individual instruction are not eligible for waiver of tuition.
The waiver is for tier one tuition and common fees only. The tuition waiver for qualifying children is granted only to those students not receiving institutional scholarships. The College president reserves the right to exempt special courses.
Tuition Exchange
Three Rivers College is a member of The Tuition Exchange, Inc. Additional benefits may be available through participating institutions.
Air Evac
The College provides annual family membership for Air Evac services to all full-time employees employed as of July 1 on an annual basis. Air Evac provides prepaid protection against air ambulance costs not covered by a member’s insurance or medical benefits. Additional information is available by contacting the office of human resources.
Benefits Available to Retired Employees
All life insurance coverage is cancelled at the point of retirement. Retired employees and their dependents that received coverage under the College's group health insurance policy have the option of continuing coverage at the group rate paid by the College. Continuing coverage must be declared by the employee prior to the date of retirement. College-paid insurance will continue for retired employees until the final payment date of the last completed contract.
Retired employees and their qualifying children are provided the opportunity to access the tuition waiver for Three Rivers College courses. A waiver of tuition is authorized for the qualifying children (as defined by the Internal Revenue Service IRS) of all retired College employees who enroll in Three Rivers College courses on a space available basis. Tuition remission applications must be resubmitted annually and will be applicable one academic year beginning with the fall semester. Continuing Education courses and individual instruction are not eligible for waiver of tuition.
The waiver is for tier one tuition and common fees only. The tuition waiver for qualifying children (as defined by the IRS) is granted only to those students not receiving institutional scholarships. The College president reserves the right to exempt special courses.
Retired employees are also eligible to receive a lifetime pass to all College sporting events.
DOCUMENT HISTORY:
| 09-22-2010: |
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Initial approval of regulation PR 4510 Benefits. |
| 09-21-2016: |
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The College Board of Trustees approved the name change of the College from Three Rivers Community College to Three Rivers College.
|
| 01-18-2017: |
|
Addition of statement “Tuition remission applications must be resubmitted annually and will be applicable one academic year beginning with the fall semester” to tuition waivers for full-time employees, spouses, and a waiver of tuition is authorized for the qualifying children (as defined by the Internal Revenue Service IRS). |
| 03-22-2017: |
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Language edits to add clarity. |
| 10-21-2020: |
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Removal of medical insurance annuity option (active prior to July 1, 1993); the College no longer has an employee on staff with this option. |
| 03-16-2021: |
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Alteration of tuition waiver language to match new tuition structure. |
| 10-18-2023: |
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Revised Cafeteria Plan section to reflect changes to a Premium Only Plan that discontinues the offering of the flexible spending and dependent care account options. |
| 05-15-2024: |
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Addition of tuition exchange benefit and third-party vendor disclosure for employees seeking Tax Sheltered Annuities (403b). |
PR 4520 Payroll Deductions
| Section: 4000 Personnel |
| Sub Section: 4500 Compensation |
| Title: PR 4520 Payroll Deductions |
| Primary Policy: PP 4520 Payroll Deductions |
| Associated Policy: GAP 1101 Debts to the College |
Associated Regulation: PR 4730 Suspension or Termination
|
| References: RMSO 290.110 |
| Supersedes: 4.6 |
| Responsible Administrator: Director of Human Resources |
| Initial Approval: 09-22-2010 |
Last Revision: 03-15-2022 |
Payroll Records
Prior to the start of employment, individuals must complete all human resource and payroll forms including but not limited to Federal and State W-4 withholding forms, direct deposit, Employment Eligibility Verification Form I-9. In addition, all employees are verified through the Department of Homeland Security and Social Security Administration using the E-Verify system.
Name Change Requests
Requests for a name change to the personnel and payroll records must be accompanied by appropriate documentation (i.e. social security card) and submitted to the HR/Payroll office.
Pay-Period Submission Deadlines
The Office of Human Resources will provide a list of pay periods and time submission deadlines. It is the responsibility of the employee to submit time worked accurately and timely through web time entry. Failure to submit by the published deadline can delay the payroll process. Continued non-compliance will be addressed with disciplinary action up to and including termination.
Web Time Entry
Work Study students shall be paid no less than the Federal minimum wage. All time worked will be reported to HR/Payroll through web time entry within the payroll cutoff periods and approved by the supervisor.
Non-exempt employees are paid on an hourly basis based upon job classification and salary range placement. All time worked will be reported to HR/Payroll through web time entry within the payroll cutoff periods and approved by the supervisor.
Payroll Disbursement
Payroll disbursement is the tenth (10) of each month for exempt employees. If the 10th should fall on a Saturday, payroll disbursement will occur the Friday prior. If the 10th should fall on a Sunday, payroll disbursement will occur the following Monday. Paychecks shall not be released before the payroll disbursement date unless approved by the Chief Financial Officer.
Payroll disbursement occurs on a bi-weekly basis for all non-exempt, hourly employees. All time worked must be submitted via web time entry within the payroll cutoff periods and approved by the supervisor.
The methods for pay disbursement are:
- All college employees will provide the Office of Human Resources with written authorization to electronically transfer payroll funds into a designated bank account unless the employee is a student paid through federal work-study funds. Independent contractors are not considered employees and are therefore paid as vendors.
- Students paid through federal work-study may elect to have their pay deposited to a designated bank account.
Payroll Advances
No pay advances will be made unless approved by the Chief Financial Officer.
Unpaid Charges
Three Rivers College reserves the right to use any and all legal means to collect past due debt including but not limited to the placement of said debts with a collection agency and the appropriate legal action as allowed under local, state, and federal statutes.
Employees of Three Rivers College who owe monies to the College which are past due will incur payroll deductions to satisfy the balance owed. Financial Services in collaboration with the Office of Human Resources will determine the withholding according to applicable laws (GAP 1101 Debts to the College).
Final Pay
The separation date recorded in the HR system and to the retirement system is the last day in pay status.
If an employee is discharged or the position is eliminated, the employee will receive a check within seven (7) days of their final date of employment. Employees who resign their position will receive final compensation at the next scheduled payroll date.
a) All regular time worked from the beginning of the final pay period through the last day worked at regular rate of pay.
b) Any time worked prior to the final pay period, but not yet paid, at regular rate of pay.
c) For all non-exempt employees, all overtime and/or unused comp time recorded and approved.
All unused vacation accrued will be paid in a separate check or direct deposit. Vacation pay will be paid no later than the last business day of the month following the month of separation or retirement.
The final salary payment will be released only after the employee has turned in all college property (PR 4730) and completion of the exit/transfer checklist.
DOCUMENT HISTORY:
| 09-22-2010: |
|
Initial approval of regulation PR 4520 Payroll Deductions. |
| 05-18-2012: |
|
Updated to reflect web-time entry under time-sheet section; Reference to RMSO 290.110 added; Reference to PR 4730 added; Reference to GAP 1101 added; Updated to reflect payroll disbursement on 10th instead of 15th in Payroll disbursement section; Updated to reflect bi-weekly pay for non-exempt, hourly employees under Payroll Disbursement section; Section of Final Pay added. |
| 08-31-2016: |
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Defined work-study student and related web-time entry.
|
| 09-21-2016: |
|
The College Board of Trustees approved the name change of the college from Three Rivers Community College to Three Rivers College. |
| 03-22-2017: |
|
Minor language edits and correction of GAR 1310 Debts to the College to GAP 1101 Debts to the College. |
| 02-20-2019: |
|
Clarification of employee responsibility to submit time entry in a timely manner, inclusion of the term “Federal minimum wage”, addition of the direct deposit option for unused accrued vacation leave to provide a final paycheck and the revision of the term “disbursal” to “disbursement”. |
| 03-15-2022: |
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Addition of information regarding debts to the College in alignment with GAP 1101 Debts to the College. |