Other Personal Services Employment (OPS)

OTHER-PERSONAL-SERVICE TEMPORARY EMPLOYMENT

APPLICABLE LAWS/RULES:

WHAT IS OPS?

Other-Personal-Services (OPS) temporary employment is an employer/employee relationship used solely for the accomplishment of short term or intermittent tasks. OPS employees do not fill established positions nor are they assigned the duties of any vacant authorized position.

HOW ARE OPS EMPLOYEES DESIGNATED?

Each OPS temporary employee shall have their name, social security number, employment category, employment commencement date, number of hours worked, and amount of compensation maintained by the Department of Management Services in accordance with Section 110.131(5), Florida Statutes.

HOW ARE OPS EMPLOYEES PAID?

OPS employees are paid for the actual number of hours they work. All work hours over 40 within a workweek are paid at one and half times the employee's hourly rate of pay when the position is designated as "included" or "nonexempt" relative to the Fair Labor Standards Act (FLSA). Physicians, lawyers, teachers and certain highly paid (minimum $27.63 per hour) computer-related occupations may be paid on an hourly basis and still maintain exempt status and not be subject to the FLSA overtime provisions.

HOW MANY HOURS CAN OPS TEMPORARY EMPLOYEES WORK?

An OPS Temporary employee can work up to 1,040 hours and must receive authorization by the Governor's Office of Policy and Budget to work beyond the 1,040 hour limit. Chapter 60L-33.005, Florida Administrative Code, provides that the following criteria shall form the basis of an agency's request for approval to retain an OPS employee beyond 1,040 hours as follows:

• The agency requested a full-time equivalent (FTE) position in its legislative budget request to permanently fulfill the duties of the OPS position, and the Legislature has not previously rejected such a request.
• If employment is for a specific project originally scheduled for completion within the 1,040 hours but the project requires more time due to unforeseen documented circumstances, and would be further delayed by hiring and training a new OPS employee.
• If the employee possesses specific knowledge or skills in a mission critical area of expertise for which there is an immediate but not permanent need, and training a new employee is not cost-justified.
• If the employee is to perform the duties of a permanent employee on extended leave, and the services are still needed.

Note: The granting of the extension shall not guarantee approval of later requests for extension for the same employee.

OPS employees in the following categories are NOT subject to the 1,040 hour time limitation:

• Board Members;
• Consultants;
• Seasonal employees;
• Institutional clients employed as part of their rehabilitation;
• Bona fide, degree-seeking students in accredited secondary or postsecondary educational programs;
• Employees hired to deal with an emergency situation that affects the public health, safety, or welfare;
• Employees hired for a project that is identified by a specific appropriation or time-limited grant;
• Employees of the Board of Trustees of the Florida School for the Deaf and the Blind as defined in s. 447.203(2), Florida Statutes;
• Employees of the Division of Blind Services Library for the Blind and Physically Handicapped for whom the Division of Blind Services is the employer as defined in s. 447.203(2), Florida Statutes; and
• Certain health care practitioners.

WHAT BENEFITS ARE APPLICABLE TO OPS EMPLOYEES?

• Social Security and Medicare taxes (i.e., Federal Insurance Contributions Act (FICA) or payroll taxes:) (mandatory)
• Workers Compensation (mandatory)
• Unemployment Compensation (mandatory)
• Deferred Compensation (voluntary)

WHAT BENEFITS ARE NOT APPLICABLE TO OPS EMPLOYEES?

• Any form of paid leave
• Paid holidays
• Participation in group insurance
• Participation in the Florida Retirement System
• Reinstatement rights or retention rights

Rev. 12/06