ST. LOUIS BOARD OF EDUCATION REGULATION

PERSONNEL

EMPLOYMENT

Employment Categories – Definitions
The Board of Education recognizes the need to define employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time or otherwise affect rights granted to employees under Chapter 168 of the Missouri Revised Statutes.
Each employee is designated as either exempt or non-exempt by federal and state wage and hour laws. Non-exempt employees are entitled to overtime pay equal to one and one-half the employee’s regular pay rate for overtime hours over forty (40) hours worked in any particular work-week, pursuant to federal and state laws. Exempt employees are excluded from specific provisions of federal and state wage and hour laws, including the overtime compensation laws.
In addition to exempt or non-exempt classifications, each employee will be classified according to the following categories:
Full-time. Full-time employees are those who are not assigned to a substitute or temporary classification and who are regularly assigned to work 30 hours or more per work-week, whether assigned to a ten-month, ten-and-a-half-month, eleven-month, or twelve-month position. Generally, all full-time employees are eligible to participate in the Board of Education’s employment benefit plans, including paid holidays, sick leave and vacation time, subject to the terms, conditions and limitations of each benefit program.
Part-time. Part-time employees are those who are not assigned to a temporary or substitute classification and who regularly work a set schedule that is less than the full-time work schedule (30 hours per work-week). Part-time employees are generally not eligible to participate in the Board of Education’s employment benefit plans. Part-time employees are not entitled to paid holidays, sick leave or vacation time.
Certificated and Noncertificated. The Board of Education authorizes the employment of both certificated and noncertificated employees.

Employment Categories – Definitions (con’t) R4210
A certificated employee is an employee whose position requires a teaching certificate issued by the Missouri Department of Education as specified in the job description for the position.
The term "noncertificated employee" refers to all employees who do not hold a valid teaching certificate issued by the Missouri Department of Education. Required qualifications for a noncertificated position shall be specified in the job description for the position.
Substitute Teacher. Substitute teachers are temporary employees who perform teaching duties while a certificated teacher is absent from his/her assignment or in instances where a teaching assignment has not been filled by a certificated teacher. Substitute teachers shall have a substitute teaching certificate or a regular teaching certificate issued by the Missouri Department of Education.
Temporary Personnel Other Than Substitute Teachers. The Board of Education recognizes the need to employ temporary personnel, other than substitute teachers, from time to time for assignments of specific limited duration. When a supervisor needs to hire a temporary employee, the supervisor must indicate to the Human Resource Division the proposed starting date and ending date for the temporary assignment. No temporary employee shall be employed in such capacity for greater than 90 calendar days. No temporary employee whose employment is terminated at or before the end of such specific period shall work for the board in a temporary capacity during the next 90 calendar days following termination. Due to the temporary nature of their employment, temporary employees shall not be considered employees entitled to the rights and benefits provided under Chapter 168 of the Missouri Revised Statutes or to participate in the Board of Education’s employment benefit plans. When it becomes necessary to employ temporary personnel other than substitute teachers to ensure the continuity of the district’s functions and programs, the department head or his/her representative shall:
1. Ensure that budgetary appropriations for the position are allocated.
2. Submit a temporary staff request form or a substitute request form to the Human Resource Division.
The Human Resource Division, following established and approved employment procedures, shall process the most qualified candidate, capable of performing the essential functions of the job, with or without reasonable accommodation, to the superintendent of schools for his/her recommendation to the Board of Education for approval.

Employment Categories – Definitions (con’t) R4210

References:

Legal: Sections 168.221-281 RSMo.
Fair Labor Standards Act, 29 U.S.C. § 201, et seq.
The Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq. (Supp. 1991).
Sections 168.211 to 168.291, RSMo.

Regulation approved: June 26, 1990

Revised: December 8, 1998

Revised: November 12, 2002