Direct-Hire Waiver Reasons

Policy Background

Open recruitment for specific Academic Staff, Faculty, Limited, and University Staff vacancies is not required when certain criteria is met. Waivers are used in situations when it is helpful to do a direct hire of an otherwise qualified applicant, for example temporary, acting or interim appointments to fill a vacancy or when an employee goes on leave.

Procedure

Use the table to determine if a direct-hire waiver reason can be used. The "Requirements for use" column shows what you must include when creating a direct-hire waiver in the system.

Direct-Hire Waiver Reasons
Waiver reason and employment category	Requirements for use
Appt for 25% or less (AS, LI, US) Used for appointments at 25% FTE or less. Does not need to be a current UW employee	Justification FTE must remain 25% or less for the entire duration of the appointment
LOA replacement (AS, LI, US) Used to fill a position when incumbent goes on paid/unpaid leave, typically medical, and a replacement is necessary until their return. If the incumbent does not return, an open recruitment is required to fill the position	Must be terminal
Training completed (AS) Used for Post Degree Training appointments, formerly Employees-in-Training (EIT), who have completed their training and are being appointed to an Academic Staff position in the same UDDS in which they have held the Post Degree Training position for at least 1.5 years. This waiver reason only applies to Research Associate and Postdoctoral Fellow/Trainee within the Post Degree Training titles	Confirm, document that candidate: has met the requirements of working at least 1.5 years in the same UDDS in a Research Assoc. or Postdoc Fellow title, with the same P.I., after achieving the advanced degree
Temporary acting appointments (AS, LI, US) Used for Academic Staff, Limited, and University Staff terminal appointments, typically up to two years, while a recruitment is conducted to fill the role permanently. Typically reserved for interim high-level administrative positions other than faculty. Can also be used to appoint current employees into a terminal position to perform temporary responsibilities.	Prior approval from Talent Acquisition Justification Must be terminal
Rehired retiree (AS, LI, US) Used to employ Academic, Limited, and University Staff who are retired UW-Madison employees. This waiver reason must be used in accordance with the UW-Madison rehired annuitant policy	Confirm, document that candidate: retired from UW-Madison and there has been a break of at least 75 days between retirement and reemployment is being hired into a terminal appointment (1 year max)
Sole source (FA, AS) Used for Academic and Faculty Staff positions created to employ a specific candidate due to unique circumstances, or for a candidate who has unique credentials that allow only them to perform the position duties at an exceptional level. These situations are extremely rare. Examples may include the following: Position would not otherwise exist: the candidate identified on the direct-hire request must be the direct recipient of grant or other funding for the position. This does not apply to individuals named as coPrincipal Investigators or otherwise identified in the grant. Unique credentials: the candidate identified on the directhire request has specific, hardtofind, and unique skills or experience that allows only that person to perform the duties of the job. It must be commonly accepted that there are only a few people who possess the necessary credentials, so there is no value in recruiting. New research lab: when a new research lab moves to UW-Madison from another institution, all existing employees working on that laboratory may be hired using the sole source waiver reason	Prior approval from Talent Acquisition Confirm, document: if a grant is being specifically awarded to this candidate
Spousal/partner (FAASLI, US) Used for Academic, Faculty, Limited, and University Staff to employ or retain an employee by hiring the spouse/partner. Approval for spousal or partner hire waivers is contingent on the primary spouse/partner accepting employment with UW-Madison or continuing in the current position	Primary spouse/partner: name emplID empl class JEMS Transaction ID being hired under Secondary spouse/partner: sentence describing how/why well-qualified reason for waiving (retention/recruitment of primary spouse/partner) Note if special funding provided by Campus program
FA to AS/AS to FA (FA, AS) Used when moving from a Faculty appointment to Academic Staff and vice versa. This is primarily used by divisions for their track transfers. Divisions have guidelines that allow the movement between clinical professor, CHS professor, and tenure track. Movement between CHS/clinical and tenure track Faculty appointments involves changing from Empl Class AS to FA or vice versa. OHR allows these appointment changes through the waiver process after the appropriate division and campus committees approve the change	Justification
Other (FAASLI, US) Used in other situations when a direct hire waiver is approved by OHR (e.g., University Staff 30-day right to return, reassignment due to reorganization, employee who qualifies for transfer as disability accommodation, or movement to a lower position due to performance)	Prior approval from Talent Acquisition Justification
Referral priority/re-employment (AS, US) Used to employ former or current employees impacted by layoff within the timeframe specified on their official layoff notifications. The referral priority/reemployment process applies to employees who have had their employment terminated (only applies to nonperformance related) or who have been officially notified their positions will be eliminated due to funding, budget, or program redirction. Academic Staff candidates with referral priority status should be given special consideration for the vacancy (See ASPP 3.06 Referral Priority and ASPP 5.09 Reappointment Rights and Referral Priority) University Staff candidates who have had their employment terminated due to layoff have the right to mandatory placement into positions specified on their official layoff notifications, provided they are qualified to successfully perform the essential position duties. University Staff candidates who are, or were, in exempt-level positions now filled using Academic Staff titles will have referral priority status and should be given special consideration for Academic Staff positions. (See University Staff Layoff Policy)	Prior approval from Talent Acquisition Confirm candidate is laid off or has been given notice of layoff at UW-Madison
Summer session (FA, AS) Used for work done during the summer	Confirm: pay basis is summer session duties are teaching/instructional in nature appointment is terminal
Summer service (FA, AS) Used for work done during the summer	Confirm: pay basis is summer service duties are not teaching/instructional in nature appointment is terminal
Reactive backup appt (AS, US) Used when reactivating a Limited employees Academic and University Staff back-up appointment	Prior approval from CCoE Confirm, document: LI position is ending & employee is eligible to be placed into backup appointment proposed backup title & empl class proposed new amount of pay last rate of pay in former AS/US position approval from Workforce Relations approval/confirmation from Compensation Administration
International employment rehire (FAASLI, US) Used in cases where an existing employees credentials (work visa, H1B, etc.) expire and the employee must end employment. After appropriate credentials are reestablished, the employee may be rehired using this waiver reason	Confirm terminated appointment in HRS
Dual role-teaching/research (AS) Used to hire a current employee in a science/research position, into a second appointment in teaching/instructional work, or vice versa. Approval of this waiver is contingent upon prior approval of the University Committee, to ensure that the distinction between faculty whose responsibilities include instruction, research, outreach, and administration and academic staff (whose responsibilities typically are limited to one of those areas) remains clear. For more information see Secretary of the Faculty	Prior approval from CCoE Confirm, document: if an overload is needed University Committee approval Must be terminal
Two years or less (AS, US) Used for Academic and University Staff Fixed-term Terminal/Finite appointments to perform work that will not exceed two years in length	Must be terminal Cannot be used repeatedly for the same work in the same division
Veteran (FAASLI, US) Used when hiring any veteran with a documented 30 percent or more service-connected disability. This waiver requires consultation with OHR to ensure documentation has been received and validated by The Office of Veterans Services	Prior approval from Talent Acquisition Confirm, document 30 percent or more service connected disability
Official internship/fellowship/professional development program (AS, FA, US) Interns, fellows, trainees, or employees may be hired into Academic Staff, Faculty and University Staff appointments after successfully completing official internships, fellowships, or certified professional development programs	Prior approval from Talent Acquisition Justification
Position conversion (US to AS, AS to US) (AS, LI, US) Used when position duties change from nonexempt to exempt resulting in a move from University Staff (nonexempt) to Academic Staff or Limited (exempt); or when position duties change from exempt to nonexempt resulting in a move from Academic Staff or Limited (exempt) to University Staff (nonexempt)	Prior approval from Talent Acquisition Justification
Employee choice (AS, LI) Used when employee moves from exempt University Staff to Academic or Limited Staff	Prior approval from CCoE Justification
US fixed term finite to US ongoing (US) Used to place an existing University Staff Fixed-term Finite employee into an ongoing University Staff position. The employee needs to have been initially hired via standard or internal recruitment, with a vacancy posting which included language stating that the position may convert to an ongoing appointment in the future	Confirm, document that the employee was initially hired via standard or internal recruitment, with a vacancy posting which included language stating the position may convert to an ongoing appointment in the future
Provost hiring initiative (FA) Used for Faculty appointments to employ a candidate who qualifies for an established Office of the Provost hiring initiative program. This waiver requires prior approval from the Office of the Provost	Prior approval from Talent Acquisition Document approval from Provost's office

Questions?

Contact your Talent Acquisition Specialist.

Updated: Mar. 21, 2025
Source URL: https://hr.wisc.edu/hr-professionals/recruitment/direct-hire-waiver-reasons/

Policy Background

Procedure

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