| Career and Student Employment Services | Western Michigan University

Career and Student Employment Services

For Employers > SM- Policies

Statements of Nondiscriminatory Policies
Benefits
Breaks
Jury Duty
Work Schedules
Dual or Concurrent Appointments
Evaluation
Injuries
Release of Information
Employment of International Students

POLICIES

After reading the preceding sections, you should now know the procedures on finding and employing students. The next several topics deal with the policies you should follow in the employment of students. Some are federal or state law; others are federal or state regulations. In these two categories, the University runs the risk of lawsuit or audit problems if our supervisors do not comply. With over 100 departments using student employees, it is vital that everyone supervising students become familiar with these policies.
The first section deals with those applying to all students; the next section covers WS students only.

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Statements of Nondiscriminatory Policies
Consistent with the requirement of Title IX of the Education Amendments of 1972, as amended, and Part 86 of 45 C.F.R., the University does not discriminate on the basis of sex in the conduct or operation of its education programs or activities (including employment therein and admission thereto).
Western Michigan University prohibits discrimination or harassment which violates the law or which constitutes inappropriate or unprofessional limitation of employment opportunity, University facility access, or participation in University activities, on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age, protected disability, veteran status, height, weight, or marital status.

Consistent with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, and Part 84 of 45 C.F.R., the University does not discriminate on the basis of handicap in admission or access to or employment in its programs and activities.
Section 503 of the Rehabilitation Act of 1973 requires affirmative action to employ and advance in employment qualified handicapped workers.

The University, in addition, desires to call attention to other laws and regulations that protect employees, students, and applicants.

Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color, or national origin in programs or activities receiving federal financial assistance.

Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination because of race, color, religion, sex or national origin.

Executive Order 11246, as amended, prohibits discrimination in employment because of race, color, religion, sex or national origin and requires affirmative action to ensure equality of opportunity in all aspects of employment.

The Equal Pay Act requires the same pay for men and women doing substantially equal work, requiring substantially equal work, skill, effort and responsibility under similar working conditions in the same establishment.

The Age Discrimination in Employment Act of 1967, as amended, prohibits discrimination based on age in all aspects of employment against persons 40 to 70 years old.

The Pregnancy Discrimination Act of 1978 amends Title VII of the CRA of 1964 to prohibit discrimination against women employees because of pregnancy, childbirth, or related medical conditions.

Section 402 of the Vietnam Era Veteran's Readjustment Assistant Act of 1974, as amended, prohibits job discrimination and requires affirmative action to employ and advance in employment (1) qualified Vietnam-era veterans during the first four years after their discharge and (2) qualified disabled veterans throughout their working life if they have a 30 percent or more disability.

Also see:Office of Institutional Equity: Policies for further information.

For other policies, see Policies and Procedures Manual for other policies as it relates to non-bargaining groups. Please note not all policies apply to student employees. Contact us if you are unsure if a policy applies to you.

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Benefits
Basically, as a part-time employment program, student employment provides for payment on an hourly basis. Students may not be compensated under a commission or fee arrangement. Students are not eligible for fringe benefits such as paid sick leave, vacation pay and holiday pay. However, institutions should not deny payment of students for brief interruptions in their daily schedules such as rest or coffee breaks if it is the employer's policy and practice to permit those interruptions for its regular hourly employees.

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Breaks
The Fair Labor Standards Act Summary from the US Department of Labor states, "Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating."

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Jury Duty
Student employees summoned to jury duty service should not be paid for normal work hours scheduled while serving.

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Work Schedules
It is advisable for each student to submit a copy of the semester's class schedule to the supervisor. This will prevent inadvertently scheduling work hours during scheduled class time.
Students may not, under any circumstances, work more than 30 hours in a week, and students who have withdrawn or graduated from school must be immediately terminated at the end of the graduation term.
Students may work up to 40 hours during periods when classes are not in session. It is generally advisable to schedule students for less than fifteen hours per week. Considerable research shows that academic performance generally declines if a student regularly works more than fifteen hours per week. Additionally, scheduling more students for fewer hours assists a larger number of students in earning their expenses.

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Dual or Concurrent Appointments
Students are allowed to work on more than one payroll concurrently. Ask your student employees if they have more than one concurrent job. If they do, please coordinate with other supervisors to ensure students are scheduled within the hour limitations described above.

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Evaluation
A thoughtful evaluation of your employees, discussed with each one, is of primary importance in increasing productivity and providing developmental feedback. The completed evaluations may be kept on file in your department. Keep them on file for your future reference. Other supervisors may contact you when considering one of your former employees. A copy is included here. We suggest you discuss evaluation with all new employees in order to make your expectations clear. A sample evaluation form (change form) is found on our Web site.
You may also wish to and refer to the new employee orientation checklist (change). For outstanding employees, we sponsor a recognition event to name WMU’s Student Employee of the Year and Supervisor of the Year. Watch for nomination information during the late fall semester.

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Injuries
If a student employee is injured in the performance of his or her duties, Sindecuse Heath Center can provide initial treatment and refer the student for appropriate follow-up care.
Student employees are covered through the University's Worker's Compensation Policy. The physician or hospital providing follow-up care can assist the student in initiating a claim.

ACCIDENT REPORTING Forms:
Human Resources forms

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Release of Information
Employees of the University shall have access to any information in a student's file as long as it is strictly for university business. Students may view their file with their supervisor at their request.

Other information may be released if the student has granted the inquiring party prior written permission or through the Freedom of Information Act (FOIA). Forward any past or present student employment verifications to Career and Student Employment Services.

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Employment of International Students
By far the most common classification for students, an F-1 is accorded to an alien who is admitted to the United States temporarily for the sole purpose of pursuing a full course of study at an educational institution approved by the United States Citizenship and Immigration Services (USCIS) for attendance by nonimmigrant students. The F-1 is for students pursuing an "academic course" or "language training program" as opposed to a vocational program.

To obtain the F-1 initially, the student must establish that sufficient funds will be available to him/her to finance the entire period of his/her stay and study in the United States without having to engage in off-campus employment.
On-campus employment is open to the F-1 Student for no more than 20 hours per week while school is in session as long as the student is taking a full course of study and is not displacing a United States student. The student can work full-time when school is not in session or during vacation periods provided the student intends to resume full-time study at the end of the period. USCIS approval is not required in these instances. On-campus employment as part of a scholarship, fellowship, or assistantship is considered to be part of a student's program of study. International students admitted on a J-1 or F-1 visa are not eligible for WS (eligibility is restricted to US citizens and Permanent Resident Aliens).

Questions concerning the employment of other international students should be referred to an Immigration Specialist in the Office of International Scholar and Student Services. Each employing supervisor is responsible for completing the I-9 form (verifying legal status for employment based on documentation/identification) when the student is hired.

Voluntary Services
The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid employee. Any student employed under WS must be paid for all hours worked. They may not "volunteer" if an award is exhausted or the academic period ends.

Minimum Wage
The minimum wage rate for a student employed under the WS program is the current minimum wage rate required under Section 6(a) of the Fair Labor Standards Act of 1938. Subminimum wage rates are not permissible. The State of Michigan minimum wage rate, effective July, 2009, is $7.40 per hour for the State of Michigan.

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