Savanna Hoffman
Whether a student is considered an employee of their university is a nuanced question. Students can be employed by universities, but their primary relationship with the institution is educational, and their working relationship is obtained as a result of their studies. Students employed by universities are typically engaged in research, teaching, work-study, or other related positions. These student employees may have restricted working hours and are often not eligible for the same benefits as regular employees. International students, in particular, may face additional employment eligibility requirements and working hour restrictions.
| Characteristics | Values |
|---|---|
| Student's primary relationship with the university | Educational |
| Student's working relationship with the university | Obtained as a result of or in conjunction with their studies |
| Student employee | Works for the university in a temporary capacity |
| Primary purpose of being at the university | Achievement of a degree or certification |
| Student employee | Enrolled and degree-seeking in the preceding semester and intending to enroll for the following semester |
| Student employee | Eligible for Workers' Compensation if injured in the course and scope of employment |
| Student employee | Not eligible for paid annual leave, sick leave, or holiday leave |
| Student employee | Must complete an electronic I-9 form no later than their first day of work |
| Student employee | Must read and acknowledge the "Compliance and Ethics Guide" and the "Standards of Conduct and Political Activities" ethics statement |
| Student employee | May be eligible for employee benefits with a university contribution to the premium cost |
| Student employee | May be taxed for their earnings |
| Student employee | Must not exceed 20 hours or .5 FTE per week during the fall and spring semesters without approval |
| Student employee | Must not work more than one job on campus with overlapping hours |
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What You'll Learn
- Student employees are not eligible for paid annual, sick, or holiday leave
- Students are considered employees if their primary relationship with the institution is work-related
- International students must be cleared by the International Student Services and must apply for a social security number before employment
- Student employees are responsible for reading and acknowledging the Compliance and Ethics Guide
- Students are eligible for student employment if they are enrolled in and regularly attending classes
Student employees are not eligible for paid annual, sick, or holiday leave
A student's primary relationship with a university is educational, and their working relationship is often obtained as a result of their studies. Students are considered employees of the university if they work for the university in a temporary capacity, and their primary purpose for being at the university is to achieve a degree or certification.
Student employees are subject to various eligibility requirements, such as maintaining a minimum number of credits and good academic standing. They are also required to comply with certain regulations, such as completing employment forms and criminal background checks.
While student employees may receive certain benefits, such as tuition reductions and insurance options, they are generally not eligible for paid annual, sick, or holiday leave. This is because their student status is a condition of their employment, and time off during academic breaks or illness is arranged separately by the hiring department.
For example, at Florida Atlantic University, student employees are restricted to working a maximum of 20 hours or 0.5 full-time equivalents (FTE) per week during the fall and spring semesters. However, during semester breaks, student employees can work up to 40 hours per week without requiring approval from academic advisors. At Monmouth University, full-time undergraduate student employees may work up to 20 hours per week, while full-time graduate students may work up to 26 hours per week.
Therefore, while student employees may enjoy certain benefits and protections, they are not typically entitled to paid leave in the same way that permanent university employees might be.
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Students are considered employees if their primary relationship with the institution is work-related
In the US, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has an interest in focusing its time and resources on individuals whose primary relationship with an educational institution is work-related. This means that if a student's primary relationship with their university is work-related, they may be considered an employee by the OFCCP and thus protected by its laws.
However, this determination is nuanced and not always clear-cut. For example, at Florida Atlantic University, a student employee is defined as a student whose primary purpose for being at the university is the achievement of a degree or certification, even if they work for the university in a temporary capacity. This suggests that the university considers the student's primary relationship with the institution to be educational, even if they also have a work relationship.
Similarly, the US Department of Labor states that if a student's working relationship with an educational institution is obtained as a result of or in conjunction with their studies, their primary relationship with the institution is educational. In this case, the student would not be considered an employee by the OFCCP for the purpose of compliance evaluations.
It's important to note that each university may have its own definitions and criteria for student employment. For example, at Monmouth University, student employees are expected to plan academic, personal, and work schedules that do not conflict, implying that the university recognizes the multiple commitments of student employees. Additionally, student employees at Monmouth University have maximum weekly work hour restrictions, with full-time undergraduates allowed to work up to 20 hours per week and full-time graduate students up to 26 hours per week.
Overall, while the OFCCP has expressed interest in focusing on individuals with primary work-related relationships with educational institutions, the determination of whether a student is considered an employee can vary depending on the specific circumstances and the policies of the university in question.
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International students must be cleared by the International Student Services and must apply for a social security number before employment
International students who wish to work in the United States must go through a few important steps before they can begin their employment. These steps are necessary to ensure that international students have the proper authorisations and documentation in place to work legally in the country. One crucial requirement is obtaining a Social Security Number (SSN). While an SSN is not a mandatory prerequisite for employment, it is highly recommended and serves as proof of work authorisation.
International students must first secure employment or receive a taxable scholarship before applying for an SSN. This can be in the form of on-campus employment or off-campus employment authorised under specific visa programs, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Once they have obtained a job offer or authorisation to work, they can initiate the process of applying for an SSN.
To apply for an SSN, international students must visit a local Social Security Administration (SSA) office in person and present the required documentation. This typically includes an employment offer letter or an on-campus employment authorisation letter, along with valid immigration documents such as a passport, I-20 form, DS-2019 form, and an I-94 card or its electronic equivalent. In some cases, additional documentation, such as an Employment Authorisation (EAD) card, may be necessary. It is important to note that the timing of the application is crucial, and students are advised to apply no earlier than 30 days before their scheduled employment start date.
Another important aspect of the process is obtaining clearance from the International Student Services (ISS) or similar departments within their respective universities. These departments provide guidance and support to international students regarding employment regulations, visa requirements, and other related matters. They can assist students in understanding their work authorisation status, obtaining the necessary documentation, and ensuring compliance with university policies and legal requirements.
In conclusion, international students must navigate specific procedures and requirements to secure employment in the United States. Obtaining a Social Security Number is a significant step in this process, ensuring their legal authorisation to work. By following the outlined steps, international students can ensure they meet the necessary criteria for employment and successfully apply for an SSN before commencing their work.
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Student employees are responsible for reading and acknowledging the Compliance and Ethics Guide
While the definition of a student-employee varies depending on the university and the context, student employees are generally considered to be students who are employed by the university they attend. They may be enrolled in a work-study program or hold a part-time job on campus. In the US, if a student is enrolled in and regularly attending classes at the school, college, or university, their work is excluded from employment.
Student employees are subject to different rules and regulations than regular university employees. For example, student employees are generally not eligible for the same benefits as full-time employees, such as paid leave or health insurance. However, they may be eligible for other benefits, such as a tuition reduction or Workers' Compensation if they are injured in the course of their employment.
To ensure that student employees understand their rights and responsibilities, it is essential that they read and acknowledge the Compliance and Ethics Guide during their first week of work. This guide, provided by University Risk and Compliance Services, outlines the university's expectations for ethical conduct in the workplace, including maintaining records, conflicts of interest, purchasing and contracts, environmental issues, and reporting. It is each student employee's responsibility to ensure that they conduct themselves with honesty and integrity and report any instances of possible violations of the law, regulations, or university policy.
Additionally, student employees should also be aware of the health and safety policies outlined in the guide. Supervisors are responsible for providing and ensuring the proper use of safety equipment, but employees are also responsible for managing their health and safety to perform their job duties safely. Student employees should also be aware of the university's policies on workplace discrimination, harassment, and violence, as well as any training requirements related to these topics.
Overall, by reading and acknowledging the Compliance and Ethics Guide, student employees can ensure that they understand their rights and responsibilities and conduct themselves appropriately and ethically during their employment with the university.
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Students are eligible for student employment if they are enrolled in and regularly attending classes
Students are considered employees of a university if they are enrolled in and regularly attending classes at that university. This is true even if they are working for a private non-profit auxiliary organization of the university, as long as it is operated exclusively for the benefit of the university.
Students who are employed by their university are often required to complete specific onboarding tasks. For example, at the University of Texas, student employees must complete an electronic I-9 form and present original documents that prove their identity and authorization to work in the country. They must also read and acknowledge the "Compliance and Ethics Guide" and the "Standards of Conduct and Political Activities" ethics statement within their first week of work.
Student employees may be eligible for certain benefits, such as workers' compensation if they are injured in the course of their employment. However, they are generally not eligible for paid leave or holiday leave. In the case of graduate students, they may be eligible for employee benefits if they are scheduled to work for at least 20 hours a week for a minimum of 4.5 months.
International students with F-1 status may be eligible for on-campus employment, provided they meet certain criteria. They must have completed at least one academic year, be in good academic standing, and demonstrate that they are unable to find on-campus employment or that the pay is insufficient to meet their financial needs. F-1 students may also be eligible for off-campus employment in special situations, such as severe economic hardship.
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Frequently asked questions
Students are considered employees of the university if they work for the university in a temporary capacity and their primary purpose for being at the university is to achieve a degree or certification.
The student must be enrolled and regularly attending classes at the university, be in good academic standing, and meet the minimum credit requirements. International students must also have a valid J-1 DS-2019, passport, and I-94, as well as a social security number.
During the fall and spring semesters, student employees are restricted to working a maximum of 20 hours or 0.5 FTE per week. During semester breaks and the summer term, student employees can work up to 40 hours per week without requiring approval from academic advisors.
Student employees are generally not eligible for the same benefits as regular employees. They are not entitled to paid annual leave, sick leave, or holiday leave. However, they may be eligible for employee insurance benefits and workers' compensation in the event of an injury during the course of employment.
