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What is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act is a federal law that determines requirements like the minimum wage, overtime pay, recordkeeping, and standards for employing minors. The FLSA affects nonexempt (hourly) and exempt (salaried) faculty and staff at the university in different ways.

On May 18, 2016, the U.S. Department of Labor announced changes to regulations under the FLSA, related to the salary and compensation levels for executive, administrative, and professional employees in order to be considered exempt from overtime, as well as other regulatory provisions of the FLSA.

For details, visit https://umurl.us/flsa.

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What do the terms exempt vs. nonexempt mean?

These terms relate to the overtime provisions of the FLSA. If a job is FLSA exempt, that means it is exempt from the overtime provisions of the FLSA no matter how many hours are worked. If a job is non-exempt, it is eligible for overtime pay for any hours worked over 40 hours in the work week.

Find more information at https://umurl.us/flsa.

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When will I receive my Form W2?

All employees have the option of receiving an electronic Form W2. If an employee opts for an electronic form by December 31, he/she will be able to view and print it from myHR around the middle of January. Email notification will be sent to those who consented to the electronic W2 when it is available in myHR. The university will postmark paper forms by the end of January (or early February if the end of January falls on a weekend) to employees who opt for a paper form. Please allow 10 business days for delivery. Those who opt for an electronic form will not have a paper form generated.

If you are a retiree with university life insurance in excess of $50,000, you will receive Form W2, as well.

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Why did I receive Form 1095-C?

Under the Affordable Care Act, the University of Missouri System is required to provide Form 1095-C to all subscribers (i.e., UM faculty and staff, retirees, etc.) who were offered medical insurance coverage during the previous calendar year.

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How could the changes to the Fair Labor Standards Act (FLSA) affect my job?

The U.S. Department of Labor updated the FLSA regulations related to overtime and exemptions for executive, administrative, and professional employees. Currently, workers who make less than $23,660 per year ($455/week) are considered non-exempt (hourly) from the overtime provisions of the FLSA and therefore are paid 1.5 times regular pay for overtime hours. The updated regulations increase this salary threshold from $23,660 per year to $47,476 per year ($913/week). 

Learn more and access additional FAQs on the university's FLSA webapge (https://umurl.us/flsa).

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How do I opt for an electronic Form W2?

If you have not already opted into receiving electronic W2s, the university will send you an email in early December asking if you choose to receive Form W2 electronically. Instructions for opting in or out will be included in that email. The selection to opt in or opt out must be completed before midnight, December 31. Also, at any time, you may log into myHR to change opt in/opt out status: Navigate to Self Service > Payroll and Compensation >W-2/W-2c Consent to provide or remove electronic consent. The consent status on file as of December 31 will be the status used for W2 generation (electronic or paper form).

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What is Form 1095-C?

The 1095-C is titled “Employer-Provided Health Insurance Offer and Coverage.” It is a form you will receive from any employer required to offer health insurance coverage to you, your spouse, and/or other dependents for all or a portion of the tax year, whether you enrolled in the employer’s coverage or not. UM will mail the 1095-C to the home address of employees, retirees, and others who were offered medical insurance during the tax year. It is important that you share it with any listed covered dependents who are filing a tax return separately from you.

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Who should receive Form 1095-C?

Form 1095-C is mailed to benefit-eligible (i.e., average of 30 hours or more per week) faculty and staff who worked all or part of the tax year, to retirees, and to recipients of COBRA or Long Term Disability.

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When should I receive Form 1095-C?

All employees have the option of receiving an electronic Form 1095-C. If an employee opts for an electronic form by December 31, he/she will be able to view and print it from myHR around the middle of January. Email notification will be sent to those who consented to the electronic 1095-C when it is available in myHR. The university will postmark paper forms by the end of January (or early February if the end of January falls on a weekend) to employees who opt for a paper form. Please allow 10 business days for delivery. Those who opt for an electronic form will not have a paper form generated.

You may not need to wait until Form 1095-C arrives to complete your taxes. UM cannot provide tax advice. To learn more, we recommend you consult a tax advisor or read the IRS' FAQs about this form and whether it is necessary to wait.

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How do I opt for an electronic Form 1095-C?

If you have not already opted into receiving electronic 1095-C forms, the university will send you an email in early December asking you to choose to receive Form 1095-C electronically. Instructions for opting in or out will be included in that email. You must choose to opt in or opt out before midnight, December 31. Also, at any time, you may log into myHR to change opt in/opt out status: Navigate to Self Service > Benefits > 1095-C Consent to provide or remove electronic consent. The consent status on file as of December 31 will be the status used for 1095-C generation (electronic or paper form).

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I didn’t receive my Form 1095-C. How can I obtain a reprint?

Form 1095-C will be postmarked for delivery by the US Postal Service by the end of January for each previous tax year. Please allow 10 business days for delivery. Also, you can print a copy through myHR (Main Menu >> Self Service >> Benefits >> View Form 1095-C). If you have not received your 1095-C form by mid- to late-February, and do not have access to myHR, please contact the HR Service Center to request a reprint.

Note: You may not need to wait until Form 1095-C arrives to complete your taxes. UM cannot provide tax advice. To learn more, we recommend you consult a tax advisor or read the IRS' FAQs about this form and whether it is necessary to wait.

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Why doesn’t the amount on Form 1095-C match the monthly premium I pay for medical insurance?

Box 15 of Form 1095-C indicates the monthly premium for the least costly insurance plan offered by UM, whether you chose that plan or not, so this amount may not match the actual premium amount deducted from your paycheck.

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Why are there X’s for the Social Security numbers listed on Form 1095-C?

The university has masked part of the Social Security number for privacy purposes. The IRS does not require full Social Security number(s) on the Form 1095C.

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What holidays does the university observe?

The university observes eight official holidays: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Day, and other days as may be designated by the President.

When a holiday falls on Saturday, the preceding Friday is observed. When a holiday falls on Sunday, the following Monday is observed.

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My address is incorrect on Form 1095-C, how do I update it?

You can update your address through myHR. The IRS does not consider an incorrect address reason for a correction, so we are unable to issue a new form. Please use the original Form 1095-C you received.

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Who is eligible to receive paid holidays?

All full-time administrative, service, and support employees are entitled to receive pay of eight hours (maximum) for these holidays. Regular employees who are 75-99% FTE will receive holiday pay on a prorata basis. Any administrative, service, and support employee who is exempt from classification because they primarily direct instructional or research activities is not subject to this policy.

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How are observed holidays handled if my department works 24/7 or if I work a non-standard schedule?

Any unit or department that operates 24 hours a day or seven days a week may observe the holiday on the actual day of the holiday rather than the equivalent observed Friday or Monday. If you work a non-standard schedule, you may receive equivalent time off if the holiday falls on your normal day off. If another day cannot be arranged, you will be paid for the holiday.

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What if I am on vacation during a paid holiday?

If you are on a vacation during an official holidays, that holiday will not count against your vacation time. Hours paid for the holiday but not actually worked do not count toward overtime.

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How am I reimbursed if I am required to work on a holiday?

If you are required to work on a holiday, pay is as follows:

Nonexempt regular employees Exempt regular employees

Receive 1-1/2 times their straight-time wage rate (premium pay) for the hours worked in addition to their holiday pay. These hours will count toward the calculation of weekly overtime pay.

Receive compensatory straight time off if required by their administrative superior to work on a holiday.

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Personal information is incorrect on my 1095-C form. Who do I contact?

If personal information is incorrect, including name, date of birth, or Social Security number, please contact the HR Service Center. The IRS does not consider an incorrect address reason for a correction; please use the original Form 1095-C you received. For other purposes, however, we recommend you update your address in myHR.

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What happens if I need to observe a special religious holiday?

Time off to observe special religious holidays may be approved by your supervisor. These hours must be taken as vacation, personal days, or treated as an excused absence without pay.

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What can vacation days be used for?

Absences from work that are not caused by an illness or injury must be taken as vacation, except for: absences due to a family death, jury duty, or leaves of absence of less than 30 days treated as excused absences. An employee may elect to charge absences due to illness or injury to their accumulated vacation with supervisory approval.

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At what rate is vacation accrued, and how much vacation can I accrue?

You may accumulate twice your annual vacation accrual. Vacation is accrued as follows:

Employee group Years of service Days per year

Office, technical, maintenance and service (includes all employees in positions designated as nonexempt and eligible for overtime pay).

5 or less 12
Over 5 17
Over 15 22

Administrative and professional (includes all employees in positions designated as exempt and not eligible for overtime pay).

5 or less 17
Over 5 22

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When do I accrue vacation time, and when can it be used?

If you are an administrative or professional employee, you will accrue vacation on the monthly pay cycle. You must be in active status by the 15th of the month in order to receive vacation accrual for that month. If you are an office/technical worker or service/maintenance employee, you will accrue vacation on the biweekly pay cycle.

Vacation time must be earned before it is taken, and though you may be accruing vacation throughout the month, it will not be available for use until the first day of the following pay period.

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Who is eligible for paid vacation?

All regular administrative, service, and support staff who have prior supervisory approval are eligible to receive paid vacation. Regular employees who are 75-99% FTE will accrue vacation on a prorata basis. Employees with primary titles that are administrative, service, and support who are exempt from classification because their positions are primarily directing instructional or research activities are not subject to this policy.

If you are a probationary employee, you may accrue vacation time. However, you cannot use this leave until your probationary period has been satisfied.

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What if I run out of vacation time?

If you exhaust your vacation time, you may take vacation without pay if you receive prior supervisory approval.

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How can personal days be used?

Personal days are paid days off to be used at an employee's discretion, and they can be taken in hourly increments. These days are subject to supervisory approval. Personal days cannot be used on the last day of duty unless the employee is to be placed on a layoff leave of absence.

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How do personal days accrue, and can they expire?

All regular administrative, service, and support staff are granted four personal days each year (upon their hire date and thereafter credited on the yearly anniversary of hire).

Your unused personal days are lost at the end of the anniversary year, even if you are on leave. Payment for unused personal days upon termination or retirement is not permitted.

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Who is eligible to receive personal days?

All regular administrative, service, and support staff are granted four personal days each year. Regular employees who are 75-99% FTE are granted personal days on a prorata basis. Employees with primary titles that are administrative, service and support who are exempt from classification because their positions are primarily directing instructional or research activities are not subject to this policy.

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Can I use personal days if I am on probation?

Yes. If you are in your initial probationary period, you may use two of the four personal days granted. If your probation period is extended, you may use the remaining two personal days.

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What happens to my personal days if I am on layoff?

If you are on layoff, you may retain personal days during the layoff leave of absence; you may also use your personal days immediately prior to the layoff. However, personal days must be taken within the anniversary year.

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What if I am required to work on a day I had previously scheduled as a personal day?

If you are required to work on a previously scheduled personal day, you will receive 1 1/2 times your regular straight-time wage rate for the hours worked. You may also retain the personal day or choose to receive your regular pay for the personal day. Time reporting for employees who elect to receive their regular pay for the personal day should be treated as if they had worked a holiday.

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When can sick leave be used?

Sick leave can be used in the event of:

  • Inability to work (for any hours scheduled during the first 40 hours of the workweek) due to an illness or injury.
  • Disability due to pregnancy.
  • Medical and dental appointments that cannot be scheduled during non-working hours.
  • Inability to work due to an illness in an employee's immediate family* (up to 12 days annually).
  • Inability to work because of an illness or injury compensable under Workers' Compensation.

*Immediate family includes parents, spouses, children, stepchildren, foster children, and siblings (no matter where they might live). Other related persons or Sponsored Adult Dependents living in the employee's immediate household also fall under this policy. This time may also be used for placing an adoptive child in the employee’s home or care of that child immediately after placement.

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Who is eligible to accrue sick days, and how is it accrued?

All regular administrative, service, and support staff at 100% FTE accrue one sick day per month of continuous employment. 75-99% FTE will accrue sick leave on a prorata basis. Employees with primary titles that are administrative, service, and support who are exempt from classification because their positions are primarily directing instructional or research activities are not subject to this policy.

Sick leave is accrued from the first day of employment and can be used on the first day of the following pay period. Administrative and professional employees accrue their sick leave on the monthly pay cycle, while office/technical and service/maintenance employees accrue sick leave on the biweekly pay schedule.

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Can I use sick leave if I am on probation?

Yes. However, sick leave must be earned before it is taken, and though you may be accruing sick leave throughout the month, it is not available until the first day of the following pay period. 

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What if I run out of sick leave?

If you exhaust your sick leave, you may take vacation, personal days, or leave without pay if you receive prior supervisory approval.

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What are leaves of absence used for?

Leaves of absence are used to help employees retain their employment rights and benefits. A leave of absence without pay may be granted when such leave is for prolonged illness or injury, or for any exceptional personal or institutional reason.

A leave of absence may be granted only after vacation and sick leave have been used. However, this policy does not require using personal days be used, except under the Family and Medical Leave Act.

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How long may a leave of absence last?

Leaves of absence without pay of 30 calendar days or more must be approved in accordance with the current delegation of authority. Leaves of absence of less than 30 days may be handled as excused absences. If Long-Term Disability benefits begin, a leave of absence without pay ends. Approved leaves of absence are not to exceed one year.

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Do I have to use vacation if I am on leave due to temporary shutdown/my unit closing for a time?

If you are on leave due to a temporary shutdown, this leave is at the employer's request, so you do not have to exhaust vacation.

If you are employed in a unit which regularly closes down or reduces its operations for a specific time period of up to three months, you may be granted a leave of absence during these periods if it is agreed that you will return to work at the earliest date your services are required. You will not be required to exhaust your vacation or sick leave to obtain a leave of absence for this reason.

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Does my leave of absence count toward my length of service under the retirement plan?

Unless for extended illness or injury, military service, research or development leave, or employee Family and Medical Leave, the period of a leave of absence without pay will not be computed into the length of your service under the university retirement plan, and therefore it will not count toward vesting. However, unpaid leave is not counted as an interruption of service. Your contributions to the UM Retirement, Disability and Death Benefit or ERIP plans are not required for leave of absence periods for which no salary is paid. You will be required to contribute, however, for leave of absence periods that are recognized as service credit under the plan for which partial or full salary is paid.

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If I must go on a leave of absence, will I still retain my benefits?

Yes. During a leave of absence, you are eligible to continue to participate in the University of Missouri's staff benefit program (medical, dental, life, accidental death, and long-term disability).

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Will I receive holiday pay, vacation time, or sick leave while on a leave of absence?

During a leave of absence, you will not receive holiday pay unless you are on leave with partial pay of 75% FTE or greater. Additionally, you will not accumulate vacation or sick leave. You will receive personal days, but they may not be used during a leave of absence. These personal days will be lost at the end of the anniversary year if unused.

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Can I return to work earlier than the expiration date of my leave?

It is at the department's discretion whether to allow you to return to work earlier than expected (except FMLA leaves which only requires you to give two days notice of intent to return to work). Normally, your department should permit you to return to work early unless no position is available.

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What happens when I return to work from my leave of absence?

Upon expiration of a leave of absence, you are eligible for reinstatement to your former position or to one of similar requirements and compensation in the same department or division from which your leave was granted. If the same or a similar position is unavailable, the department chairperson or administrative head can request an extension for placement of up to six months.

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How do I obtain a leave of absence?

A leave of absence without pay of 30 calendar days or more must first be requested by you, then recommended by your department chairperson or administrative head, and finally approved in accordance with the current delegation of authority. To learn about procedures for obtaining a leave of absence, visit the leave of absence page.

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Who is eligible for military leave?

Any University of Missouri employee who becomes a member of the armed forces will be granted a military leave of absence. This includes fully benefit-eligible academic, regular administrative, service, and support, variable hour or probationary and student employees. Service in the uniformed services means duty on a voluntary or involuntary basis in a uniformed service, including: active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, or an absence from work for an examination to determine a person's fitness for any of these types of duty.

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What happens if I enter active duty?

A fully benefit-eligible academic, regular administrative, service, and support, variable hour or probationary employee entering the Armed Forces for regular active duty will be granted a military leave of absence without pay for the initial term of military service up to a period of five (5) years.

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What if I have to attend an initial period of active duty for military training?

If you are a fully benefit-eligible academic, regular administrative, service, and support, variable hour or probationary employee who enlists in the National Guard, a National Reserve or commissioned corps of the Public Health Service, or in the Army, Navy, Marine Corps, Air Force, or Coast Guard, you will be granted a military leave of absence with pay if you are ordered to attend an initial period of active duty for training. Compensation for such leave shall not exceed a total of 15 scheduled working days (prorated for less than 100 percent FTE employees).

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If I go on military leave, can I continue to receive my benefits?

Yes. If you are a fully benefit-eligible employee who has completed your probationary period, you can stay enrolled in some or all of the benefits in which you are already enrolled if you pay the amount that would normally have been deducted from you paycheck for you monthly premiums*.

*Note that the university's plans have a specific war exclusion. For details, see the appropriate plan’s Summary Plan Description (SPD) under the forms and guides section of the military leave: information on university benefits page.

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What if I choose to suspend coverage while I’m on military leave?

If you choose to suspend coverage while on leave, you must resume your coverage within 31 days of your return to benefit-eligible university employment. If you suspend coverage, coverage is also suspended for all your dependents. Upon your return to work, the coverage for your dependents may be resumed along with your own coverage.

If you choose to suspend coverage while on military leave, coverage is also suspended for your dependents. However, you may enroll your family in a separate military health plan for dependents if you are called to active duty for more than 30 days. Immediately contact the appropriate Armed Forces personnel for information related to these plans, or visit Tricare for more information.

When you do return to benefit-eligible university employment, coverage for your dependents may be resumed along with your own coverage.

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