Dual Employment with Texas State Agencies

I. POLICY AND GENERAL STATEMENT

The university recognizes that faculty and staff members may wish to engage in work or service outside their employment responsibilities with The University of Texas Health Science Center at Houston (“University”) for various reasons.  For purposes of this policy, an employee is considered dual employed when holding positions with two or more State of Texas agencies. All University employees must receive prior approval for dual employment.  Faculty and staff members proposing to engage in dual employment and other activities must submit the Request for Dual Employment with a Texas State Agency form to their respective chair/supervisor and obtain approvals from the Human Resources and Benefits offices.

Due to the complex nature of dual employment, an employee who is employed by the University in a position classified as non-exempt or who is paid on an hourly non-exempt basis may not be simultaneously employed by another Texas state agency. An employee who holds a position classified as exempt at the University may not simultaneously hold a position at another state agency that is classified as non-exempt or that is paid on an hourly non-exempt basis.

II. PROCEDURE

Applicants for Employment: All candidates seeking employment are required to report dual employment and receive approval prior to accepting multiple state positions.

Current Employees: A current employee considering additional appointments with another State of Texas agency in the course of his or her employment with the University must notify his or her supervisor and the appropriate administrative office of each institution of the proposed dual status. The designated administrator for the University for classified and management administrative and professional (A&P) employees (see HOOP 17, Appointment Status) is the Senior Vice President, Finance & Business Services or designee.  For all other classifications, the designated administrator for the University is the appropriate dean or designee. 

When a dual employment situation arises, a Request for Dual Employment with a Texas State Agency form must be completed by the appropriate officials at the University and the other proposed State of Texas agency. Due diligence is then performed by the HR, Payroll & Benefits department. In addition, employees must seek approval prior to accepting outside employment as described in HOOP Policy 20 Conflict of Interest, Conflict of Commitment and Outside Activities.

University Employees who are less than 50% FTE:  If the employee holds or intends to hold an appointment of less than 50% with the University, dual appointment will not be permitted unless the other affected state agency agrees to track all benefits accruals.

Benefits: Benefits determination is the responsibility of the Employee Benefits department and is based on the percent effort of the employee’s role at the University. A person who holds more than one job with a State agency or institution of higher education may not receive benefits from the State that exceed the benefits provided for one full-time employee. To ensure appropriate continuation of benefits, an employee who holds a dual appointment at the University and another State of Texas agency is responsible for notifying Employee Benefits immediately if his or her appointment at the other Texas state agency ends or is modified.

Teachers Retirement System (TRS):  TRS membership could be required due to concurrent employment. Employment in one position that does not meet the requirements for TRS eligibility may become eligible when it is combined with employment in another position that is TRS eligible.  

Failure to report: Employees who do not report a dual appointment arrangement increase the likelihood that incorrect benefits payments will be made on their behalf and nullify the ability of the institutions to account for any applicable overtime compensation. If an improper duplication of state-paid benefits occurs, the employee is required to refund the amount of the overpayment to the appropriate agency. The extent of the liability that can be accrued can be substantial, even for a relatively short period of inaccurately reported compensation.  Knowingly failing to report a dual appropriate arrangement could result in disciplinary action up to and including termination.

III. CONTACTS

• • Human Resources
  • 713-500-3130
  • https://www.uth.edu/hr/contact.htm
• • Employee Benefits
  • 713-500-3935
  • [email protected]
  • https://inside.uth.edu/finance/benefits/contact-us.htm

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