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1. Purpose and Applicability
   This policy establishes the job groups of “nonexempt” and “exempt” for ���Ĵ�ý (���Ĵ�ý) employees based upon the application of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (“FLSA”) for all ���Ĵ�ý stateside staff positions and job classes. This policy establishes employment status groups for stateside and overseas staff employees. This policy does not apply to faculty employees.
2. ���Ĵ�ý Stateside Staff Job Groups
   1. Assignments to job groups shall be made in accordance with the FLSA’s and implementing regulations’ definitions and standards for designating positions as nonexempt or exempt.
   2. The FLSA does not apply to overseas staff employees.  Accordingly, the job groups of “nonexempt” and “exempt” do not apply to overseas staff employees.
   3. This policy does not apply to faculty employees or jobs; however, faculty employees are considered exempt under the FLSA.  
3. Employment Status Groups
   ���Ĵ�ý nonexempt, exempt and overseas staff employees may be appointed to a regular status or a contingent status position.
   1. Regular Status - Any position that is established as a line item and appears in the personnel detail of ���Ĵ�ý’s budget.  Stateside staff employees on regular status are eligible for all benefits offered by ���Ĵ�ý stateside, based on percentage of time worked.  Overseas staff employees on regular status are eligible for all benefits offered by the division (Europe or Asia) for which the employee works, based on percentage of time worked.
   2. Contingent Status - Any position established through a written agreement between ���Ĵ�ý and a person who shall provide personal services to ���Ĵ�ý for pay and for a specific period of time.  Employees on contingent status shall not be eligible for the mandatory retirement plans offered through ���Ĵ�ý.  Contingent employees are eligible for benefits only as defined in VII-1.40-GC – ���Ĵ�ý Policy on Contingent Status Employment or as otherwise mandated by applicable law, rules or regulations.
      1. Contingent I - This category is applicable to stateside and overseas staff employees.
      2. Contingent II – This category is only applicable to stateside staff employees.
      3. Contingent III – This category is only applicable to overseas staff employees.
4. Designation of Full-Time and Part-Time Employment
   Designation of full-time and part-time employment may be used for both regular and contingent status staff positions.
   1. Full-Time Employment – The employee is scheduled to work a minimum of 40 hours per week (100% full-time equivalent (FTE)).
   2. Part-Time Employment – The employee is scheduled to work less than 40 hours per week. Employees in this group must work a minimum of 20 hours per week (50% FTE) in order to be eligible for ���Ĵ�ý-subsidized benefits or stipend.
      1. Part-time employees in regular status positions shall be eligible to participate fully in State of Maryland health benefits as provided by the State.
      2. Part-time employees in contingent II positions shall receive State of Maryland health benefits as required by the Affordable Care Act (ACA).
      3. Part-time employees in contingent III positions shall receive State of Maryland health benefits or comparable benefits.  

Implementation Procedures

The ���Ĵ�ý President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the ���Ĵ�ý community; and to post the policy and any applicable procedures on the ���Ĵ�ý website.

Replacement for:

USM BOR VII-9.31 – Policy on Establishment and Assignment of Staff Job Groups and Employment Status Groups
���Ĵ�ý 0S 2.00 – Policy on Assignment of Staff Employment Groups