Overview
The State of Vermont strives to keep the use of temporary employees to a minimum. Nevertheless, some State agencies have pressing logistical needs for temporary staff. You should be aware that use of temporary employees is restricted by 3 VSA § 331. Please read the statutory limitations carefully so that your requests and waivers are accurate. Please note, if a temporary employee works in more than one position during the calendar year, even if the positions are in different departments, the total hours or months that employee may work in ALL positions may not exceed 1,280 hours or seven (7) months worked during each calendar year.
Temporary Employment:
• Is limited to 1,280 hours of work or approximately 49 hours per pay period for a full year, except in cases of emergency as authorized by the Commissioner of Human Resources.
• Is limited to seven months per calendar year for seasonal employment.
• Waiver requests are required for temporary employees expected to work over 1,280 hours in a calendar year and for seasonal employees that work more than seven (7) consecutive months in a 12-month period.
• Does not confer access to permanent employment in State Government. Temporary and seasonal employees must compete on an equal footing (or "open competitive basis") with other non-state employee applicants for permanent employment. If hired on a permanent basis, a former temporary or seasonal employee must satisfactorily complete an original probationary period, as would any newly hired employee.
Temporary Employees:
• ARE PAID ONLY FOR ACTUAL HOURS WORKED and are entitled to overtime in accordance with federal law. The State cannot guarantee how long a temporary job will last and cannot guarantee 40 hours of work per week.
• ARE NOT ELIGIBLE FOR THESE STATE BENEFITS: medical benefits programs, dental insurance, long term disability insurance, group life insurance, annual leave, personal leave, retirement benefits, and holiday compensation for time not actually worked.
• ARE NOT COVERED BY RIGHTS, BENEFITS, PROCEDURES, AND PRIVILEGES OF CLASSIFIED EMPLOYMENT including, but not limited to those conferred by the collective bargaining agreement except for whistleblower protection, rights and remedies
Steps for requesting a Temporary Position
1. The Human Resources Administrator submits the form to the Classification Division of DHR via email to DHR.Temps@vermont.gov. The form must be complete and contain all the required information.
2. If approved, Classification will complete the appropriate section and email it to the requesting Human Resource Administration. The completed form will provide the updated/activated position number.
3. If denied, Classification will complete the appropriate section explaining the reason for the denial and email it to the requesting Human Resource Administrator.
4. Any incomplete forms will be returned.
5. Positions need to be requested at least two weeks in advance.
You can find the Temporary Position Request form in the "Forms & Documents" box on this web page.
CATEGORIES OF TEMPORARY EMPLOYEES
There are six (6) categories of temporary employees:
Seasonal: As defined in 3 VSA 323, “Seasonal employment” means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year.
Each period of seasonal employment will have a defined beginning and end and will repeat on a yearly basis. Examples of seasonal employment include: "summer highway construction" in AOT; "spring tax filing" in TAX; "summer season" for FPR; etc. These positions may work 40 hours per week.
Bona Fide Emergency: These are handled on a case-by-case basis, and means an unanticipated need for short-term staffing, to prevent significant disruption to the continued operation of State government or to avoid serious or imminent harm to the public, critical services or other staff or to avoid jeopardizing public safety. These are rarely used. These positions could be 40 hours per week.
Fill-ins: A fill-in is a one-for-one replacement of an existing employee who may be on leave of absence for illness, military, educational, or family. This category may also be used to fill-in for a vacant position that is actively under recruitment. The period of fill-in may only be the same as for the length of the absence of the existing employee or anticipated vacancy. The job title for the fill-in should be the same or lower level as the existing employee, or at a trainee level, if one exists. These positions could be 40 hours per week.
Intermittent: These are for situations where there are fluctuations in the workload that are not seasonal. An employee might be hired to alleviate a work backlog, be absent for an undefined period, then reactivated when the work piles up again. Fluctuations in the workload, with staff shortages during peak periods, might be somewhat predictable, but the specific timing and durations is generally not predictable. Some weeks the employee may work 40 hours, but not on a regular basis.
Sporadic: These situations have no pattern or order to them and could be for projects, special caseloads, and other similar situations where an employee is needed for a short period of time, or off and on or on an occasional basis over a period of time. The expected duration is from 6 to 9 months with an absolute outside limit of one year from the initial date of hire. These positions are usually less than 40 hours a week.
Part-time on going: This covers regular, on-going part-time employment. The total hours worked in a week is less than 20 hours. There can be occasional fluctuations in the hours worked without triggering a violation of this category, but the total hours must average less than 20 per week. Full-time schedules will not be approved. Waivers will not be approved.
HIRING RATE
These positions are outside of the classified service but are subject to allocation to classes and assignment to pay grades of the State classification plan. The rate of pay set for a temporary position must be the hiring rate which would apply were the position in the classified service. The hourly rate is based on the Executive Branch Temporary Employee Pay Plan.
• An exception may be made in a case of difficult recruitment, for outstanding qualifications, or for a former classified employee who is returning to service as a temporary to perform work comparable to a previous classified position. The hire into range policy 12.2 is followed for hiring temporary employees above pay grade minimum.
• Rates above pay grade minimum, or approved hiring rate, must be approved by the Department of Human Resources before an offer of employment is made.
NOTE: Due to the Affordable Care Act, should a temporary employee exceed 1,560 hours in a 12 consecutive month period, penalties may be assessed to the department for that employee.