|Board of Trustees||12-10-2015|
|Executive Leadership Team||12-09-2015|
Stanly Community College provides various types of leave plans to full-time employees in order to assist with work/life balance.
|Executive Leadership Team||08-28-2023|
There are multiple leave plans for eligible employees at Stanly Community College. With the exception of the Family and Medical Leave Act, the term “immediate family member” is defined as spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships and other dependents living in the employee’s household.
Leave is documented online in the employee account for Time Clock Plus. Leave must be pre-approved by the supervisor in a timely manner that allows for coverage of duties. Leave, other than unexpected sickness or an emergency, must be requested at least one week in advance and pre-approved by the supervisor before the leave is taken. In cases of unexpected sickness or an emergency, the request for leave must be submitted in Time Clock Plus on the first day the employee returns to work. It is the supervisor’s responsibility to be accountable for all their employees’ time away from work and to ensure that all requests for leave are submitted as described above. Supervisors must approve leave time in Time Clock Plus by the fifth of each month after the leave is taken.
Full-time employees eligible to earn leave will earn leave only if they work or are on paid leave one-half or more of the scheduled workdays in a month.
Leave will be taken only upon authorization of the appropriate supervisor, who will consider granting leave for such time or times when it will least interfere with the efficient operation of the College.
Only scheduled work hours will be eligible for leave. Saturdays, Sundays, and/or holidays are eligible for leave only if they are scheduled workdays. If exempt employees choose to work on scheduled days off, they may not “trade out” those days at a later time for days of their choice. The College does not have “flex time.” Nonexempt employees will have a designated schedule that is approved by their supervisor and submitted to the appropriate Vice President. Nonexempt employees must work only their designated schedule and are not allowed to deviate from that schedule without the express pre-approval of their supervisor. As a rule, nonexempt employees will not work overtime. If overtime is required, the supervisor’s preapproval is required. Coming in early, working a shortened lunch, or staying late, must be pre-approved by the supervisor each time it is necessary. These actions are not to be used as a method by which to leave early on Fridays as a way to avoid a full work week. These guidelines are to help ensure compliance with the Fair Labor Standards Act (FLSA). Violations of these guidelines can result in disciplinary actions.
Compensatory time applies to positions that are classified as non-exempt. If it is necessary for non-exempt individuals to work more than forty (40) hours per week, compensatory time will be earned at the rate of one and one-half times for all hours over forty (40). Supervisors must authorize any hours in excess of forty (40). Supervisors will make every effort to schedule the employee to take compensatory time as soon as possible after it is earned. Except in extraordinary circumstances, it should not be carried into the next month. Supervisors will also ensure that proper documentation is completed in Time Clock Plus to show when compensatory time was earned and when used. Supervisors may use the note function of Time Clock Plus to designate approval for applying compensatory time as leave time. Employees may verify with the Office of Human Resources if they are exempt or non-exempt.
Supervisors have the right to approve or deny leave requests for a specific period of time, based on the needs of the College, department, and students. Leave requests should be submitted in a timely manner.
It is the responsibility of the Human Resources Office to maintain records for leave earned. It is the responsibility of Payroll to enter appropriate leave used into Colleague for payroll purposes. The crediting and balancing of any employee’s Colleague leave record is to be done monthly and at the end of each fiscal year.
Sick, vacation, personal, and bonus leave must be exhausted before an employee is eligible to participate in the Voluntary Shared Leave program.
All leave records will be maintained according to the North Carolina Community College System Records Retention and Disposition Schedule Amendment.
All leave must be taken in 1/4 hour increments (15 minutes).
The President maintains the authority to review any leave situation on a case-by-case basis and approve an exception as the President deems appropriate.
ANNUAL LEAVE (VACATION LEAVE)
Stanly Community College desires that employees utilize their annual leave in order to be productive employees. Employees are encouraged to plan their use of annual leave to pursue activities that serve to provide relaxation while distancing themselves from the demands of the workplace.
Annual leave is accrued by staff on a monthly basis. Faculty do not accrue annual leave. Annual leave is accrued based on the length of aggregate service and the hours scheduled to work each week. Annual leave for employees working 39 or more hours per week will be accrued at the following rates:
Years of Aggregate
Less than 5 years
5 but less than 10 years
10 but less than 15 years
15 but less than 20 years
20 years or more
An employee must work one half of the total workdays in the month in order to earn vacation for that month.
Time off for faculty is built into the administrative/academic calendar. Leave is limited to preapproved time when class is not in session. Faculty members are expected to fulfill their responsibilities for all scheduled classes, office/campus hours, professional development, and all departmental/committee meetings. If extenuating circumstances require time away from their normal schedule, the appropriate leave must be preapproved by the supervisor; and the faculty member will provide a written plan outlining how classes, etc., will be covered. A copy of the plan must be submitted to the supervisor at least one week in advance of the requested leave.
Transfer from Faculty to Staff/Staff to Faculty
An employee who transfers from a faculty position to a staff position will begin earning annual leave based on their transfer date and State guidelines regarding annual leave accrual.
An employee who transfers from a staff position to a faculty position will cease to earn annual leave based on their transfer date. However, they will maintain their annual leave balance. As faculty, they may use annual leave in lieu of sick leave or with the approval of their supervisor when students are not on campus. Any annual leave balance will be paid to the employee upon separation or retirement according to normal guidelines.
Accumulation of Annual Leave
Annual leave may be accumulated without any applicable maximum until June 30 of each calendar year. However, if the employee separates from service, payment for accumulated annual leave will not exceed 240 hours (30 days). On June 30 any employee with more than 240 hours of accumulated leave will have the excess accumulation converted into sick leave so that only 240 hours of annual leave is carried forward to July 1 of the next fiscal year.
Aggregate service will include on a month-for-month basis all permanent employment with the State, whether such service was exempt from or subject to the Personnel Act.
Verification of aggregate service will be verified by the Human Resources department.
Advancement of Annual Leave
The President may advance annual leave not to exceed the amount an employee can earn during the current fiscal year or the difference between the amount of accumulated leave carried forward and the maximum allowable.
Use of Annual Leave
An employee may use annual leave for any purpose.
A request for leave exceeding two weeks in duration must also have the approval of the appropriate Vice President through email forwarded to the Payroll Office. Normally, annual leave is not permitted to transfer in with a new employee; however, if requests are made, they will be evaluated on an individual basis.
Payment of Annual Leave upon Separation
- A lump sum payment for annual leave is made only at the time of separation. An employee will be paid in a lump sum for accumulated annual leave not to exceed a maximum of 240 hours when separated from institution service due to resignation, dismissal, reduction in force, death, service retirement, or leave without pay for military purposes.
- Should an employee be separated before earning the amount of annual leave taken, it will be necessary to make deductions from the final salary check for the overdrawn hours.
- Payment for annual leave may be made on the regular payroll or on a supplemental payroll, if deemed necessary, reflecting the number of hours of annual leave and the amount of payment. A separate check must be issued for any travel reimbursement due.
- The 6% State retirement deduction will be made from all terminal leave payments.
- Receipts of lump sum annual leave payment and retirement benefits will not be considered as dual compensation.
- In the case of a deceased employee, payment for unpaid salary, terminal leave, and travel must be made, upon establishment of a valid claim, to the deceased employee’s administrator or executor. In the absence of an administrator or executor, payment must be made to the Clerk of Superior Court of the county of the deceased employee’s residence.
Eligible faculty and staff will earn sick leave at the rate of eight (8) hours per month (96 hours/year). In cases of illness, the employee must notify their appropriate supervisor as soon as possible and according to the acceptable method established by their supervisor for their department. When instructors know in advance that they will be absent from class for any reason, they are responsible for making arrangements for a substitute instructor or assignment for their classes. These arrangements are subject to the approval of the appropriate Dean or the Associate Vice President.
All instructors are expected to start their classes on time. If in the case of a sudden illness or emergency an instructor is unable to comply with this expectation, the Dean or appropriate Associate Vice President must be notified immediately.
If because of illness, an employee must be absent for an extended period of time (more than three (3) consecutive workdays), the employee must make their supervisor aware as well as contact Human Resources regarding eligibility for the Family and Medical Leave Act (FMLA). Human Resources will also discuss Return to Work requirements with the employee. Upon notification, the supervisor should also contact Human Resources regarding the pending absence.
Accumulation of Sick Leave
Sick leave is accumulated indefinitely. Hours accrued at the time of retirement will be converted into additional service time.
Advancement of Sick Leave
The President may advance sick leave not to exceed the amount an employee can earn during the current fiscal year.
Verification of Sick Leave
After three days of absence, the supervisor will require a statement from a medical doctor or other acceptable proof that the employee was unable to work.
Use of Sick Leave
Sick leave may only be used for the following reasons:
- Illness or injury preventing an employee from performing his or her usual duties
- Medical appointments for the employee or immediate family members.
- Temporary disability
- To extend bereavement leave for an immediate family member
- Donation of Voluntary Shared Leave
- Absences related to approved FMLA
Payment of Sick Leave upon Separation
- Sick leave is not allowable in the terminal leave payment when an employee separates from the College.
- Should an employee separate before all sick leave taken by the employee has been earned, it will be necessary to make a deduction from the final salary check for the overdrawn hours.
- Sick leave is transferable to another State agency upon separation.
- If sick leave is not transferred, unused sick leave will go into a “sick leave bank” for up to five years. If the employee gains employment with another State agency during that time, the unused sick leave will once again become available to the employee. If other State agency employment is not gained, the unused sick leave will be forfeited at the end of five years.
Bonus leave eligibility and use criteria must comply with the requirements established at the time of the award by the General Assembly, the State Board of Community Colleges, and Stanly Community College.
Bonus leave is accounted for independently from any other leave. It is not part of Annual Leave that carries the 240-hour maximum annual retention, and it is not eligible to be rolled over to sick leave.
Bonus leave requests must follow all procedural guidelines. An employee may use bonus leave for any reason.
Any bonus leave balance will be paid to the employee at time of separation, including separation at retirement. If an employee transfers to another participating State agency that will accept Bonus leave, SCC will transfer bonus leave to that agency. However, SCC does not accept Bonus leave from other agencies.
PAID PARENTAL LEAVE
The following definitions apply to Paid Parental Leave:
Child. – A newborn biological child or a child under the age of 18 who is newly placed by adoption, in foster care, or otherwise legally placed whose Parent is eligible for leave as described in this section.
Parent. – A mother or father of a Child through birth or by adoption, or an individual who provides care of a Child through foster care or another legal placement. Eligible for leave – An employee is eligible if, for the immediate twelve (12) preceding months, the employee has been employed without a break in service by the State of North Carolina in a permanent, time-limited, or probationary appointment. (Periods of worker’s compensation or short-term disability in the 12 months preceding the qualifying events do not make the employee ineligible for paid parental leave. Periods of leave without pay, as defined in 25 NCAC 01E .1100 and the Leave Without Pay Policy, shall not constitute a break in service.) The employee must be eligible for Family and Medical Leave (FML) by being in pay status for at least 1,040 hours in the previous twelve-month period.
Notification about Intent to Use Leave – Whenever possible, Eligible Employees shall notify the office of Human Resources at least 10 weeks in advance of their intention to use Paid Parental Leave. This requirement is so that the supervisor can secure backfill coverage
Public Safety Concern - A significant impairment to the college's ability to conduct its operations in a manner that protects the health and safety of North Carolinians. The extension of Paid Parental Leave to an employee eligible for leave may constitute a Public Safety Concern if:
(1) Providing the Paid Parental Leave would result in college staffing levels below what is required by federal or state law to maintain operational safety; or
(2) Providing the Paid Parental Leave may impact the health or safety of faculty and staff, students, or other individuals the college is required by law to protect; and
(3) The college has been unable to secure supplemental staffing after requesting or diligently exploring alternative staffing options.
Qualifying Event. – When an employee becomes a Parent to a Child on or after July 1, 2023.
Paid Parental Leave may be used as early as, and within 12 months from, the date of the Qualifying Event in the following circumstances:
A permanent, full-time employee may take up to eight weeks (320 hours) of paid leave after giving birth to a child (up to four weeks (160 hours) for recuperation and recovery from childbirth and up to four weeks (160 hours) for bonding with the child); or up to four weeks (160 hours) of paid leave after any other qualifying event for bonding with the child.
A permanent, part-time employee may take a prorated amount of paid leave after giving birth, not to exceed four weeks (160 hours), or paid leave after any other qualifying event, not to exceed two weeks (80 hours), in addition to any other leave available to the employee.
A Parent eligible for leave may take Paid Parental Leave in one continuous period or may take intermittent use of the leave. Employees may withdraw their request for Paid Parental Leave at any time. Except for employees who gave birth, the College may delay providing Paid Parental Leave or may provide Paid Parental Leave intermittently if it determines that providing the leave will cause a Public Safety Concern but shall provide Paid Parental Leave as soon as practical following the Qualifying Event.
If more than one Parent is an eligible employee, each may receive Paid Parental Leave and may take their leave simultaneously or at different times, pending no Public Safety Concern
Compensation for paid parental leave shall be at 100% of the eligible employee’s regular, straight-time pay, excluding overtime, overload contract, or any stipend awarded to the employee.
Employees seeking paid parental leave are required to submit documentation of the qualifying event. Documentation must include the date of birth or placement and the name of the legal parent. Types of documentation may include a birth certificate or report of birth, proof of placement for adoption, foster care, or other legal placement, custody order for birth, foster care, or other legal placement. If more than one Parent for the same Qualifying Event is an eligible employee, they may receive paid parental leave simultaneously or at different times within 12 months of the Qualifying Event.
Leave Usage – Paid Parental Leave may be used only once for a Qualifying Event within a twelve-month period. The fact that a multiple birth, adoption or other legal placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the total amount of paid parental leave granted for that event.
Paid parental leave is available without exhaustion of the employee's sick and vacation leave and is awarded in addition to shared leave under G.S. 126-8.3, or other leave authorized by State or federal law. An eligible employee who has exhausted FML over the 12 months prior to the Qualifying Event is still eligible for paid parental leave. If not exhausted, FMLA coverage is not required to run concurrently with any paid parental leave.
Paid parental leave has no cash value upon termination from employment.
Paid parental leave may not be donated to another employee as voluntary shared leave.
Paid parental leave may not be used for calculating an employee's retirement benefits.
An Application for Leave is not required for holiday leave. Holidays are noted appropriately in Time Clock Plus without employees needing to document the holiday.
The following are considered holidays for all employees:
- New Year’s Day
- Martin Luther King, Jr. Day
- Easter (two days)
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving (two days)
- Christmas (three days)
When appropriate to facilitate the efficient operation of the College, the President may designate additional leave days when the entire College will be closed.
Each year the holiday dates for nonteaching personnel will be published by the Calendar Committee.
Employees may participate in other holidays or religious observances by requesting annual or personal leave. College personnel who approve leave have been instructed to be particularly sensitive to requests of employees for leave on these special days.
Personal leave is earned based on the fiscal year, July 1 – June 30. Effective July 1, 2018, all full-time employees earn six (6) days (48 hours) per year. Personal leave is not cumulative and is not transferable. Any portion of the six (6) personal days not used by June 30th of each year will be forfeited. Personal leave is not paid out at separation from employment.
Personal leave requests must follow all procedural guidelines. Personal leave may be requested at any time subject to approval by the employee’s supervisor.
An employee may use personal leave for any reason.
An employee will be granted a maximum of three (3) days of leave when there is a death in the immediate family. In the case of loss of an immediate family member, sick, annual, or personal leave may be taken. Bereavement leave for individuals other than immediate family should be submitted as annual or personal leave.
When an employee serves on a jury, the employee is entitled to leave with pay for the period of absence required. The employee is also entitled to any juror’s pay.
When an employee attends court in connection with official duties, no leave is required. Compensation received as a witness while serving in a job-related capacity will be submitted to Stanly Community College. (When an employee is required to attend court on a day that the employee would normally be off, the time is to be considered as working time and included in the total hours worked per week.)
When an employee is subpoenaed or directed by proper authority to appear as a witness (except as plaintiff or defendant in a personal matter), the employee will be granted civil leave with pay. Any compensation received will be submitted to the college. The employee may use annual leave rather than take civil leave with pay in which case the employee may retain any compensation received.
As a plaintiff or defendant in a personal matter, annual leave will be used to cover time away from the workplace.
The policy of the State Board of Community Colleges is controlling in this matter. Please also refer to the Family and Medical Leave Act (FMLA) Policy for further related information.
Military Leave with Pay
Leave with pay will be granted to members of reserve components of the U.S. Armed Forces for certain periods of active-duty training and for state military duty. Reserve components of the U.S. forces are the National Guard, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve, and the Coast Guard Reserve. The Civil Air Patrol is not a reserve component; it is an Air Force Auxiliary, and its members are not subject to obligatory service. The National Guard is unique among the reserve components in that it has a dual role, serving both as a Federal Reserve component and as the State Militia. In its role as the State Militia, the North Carolina Army National Guard and the North Carolina Air National Guard respond to the Governor who is their Commander and serve as the military arm of the State government. Therefore, the National Guard is subject to active state duty upon order of the Governor:
- Periods of Entitlement for All Reserve Components.
- Military leave with pay will be granted for up to 120 working hours (prorated for part-time employees) during the federal fiscal year (October 1 – September 30) for any type of active military duty for members not on extended active duty.
- Although scheduled unit training drills occurring on weekends do not normally require military leave, the College is required to excuse an employee for all regularly scheduled military duty and, if necessary, rearrange the employee’s work schedule.
- With the 120 hours provided for training, an employee will be granted necessary time off when the employee must undergo a required physical exam relating to membership in a Reserve component.
- Additional Periods of Entitlement for National Guard Members
- Military leave in addition to the 120 hours for training will be granted to members of the National Guard for infrequent, special activities in the interest of the State, usually not exceeding one (1) day, when so ordered by the Governor or the Governor’s authorized representative.
- Leave with pay will be granted for State duty (domestic disturbances, disasters, search and rescue, etc.) for periods not exceeding thirty (30) consecutive days. For periods in excess of thirty (30) days, employees will be entitled to military leave with differential pay between military and their regular State pay if military pay is less.
- Periods of Entitlement for Civil Air Patrol.
- When performing missions or encampments authorized and requested by the U.S. Air Force or emergency missions for the State at the request of the Governor or the Secretary of the Department of Crime Control and Public Safety, a member of the Civil Air Patrol is entitled to military leave not to exceed a combined total of 120 hours (prorated for part-time employees) in any calendar year unless otherwise authorized by the Governor.
- Regularly scheduled unit training assemblies, usually occurring on weekends, are not acceptable for military leave with pay; however, SCC will make every effort to arrange work schedules to allow employees to attend this training.
- Periods of Entitlement for State Defense Militia
The State Defense Militia is considered a Reserve component of the National Guard but not a Reserve component of the US Armed Forces. Its members are not subject to obligatory service unless they are assigned to a unit that is ordered or called out by the Governor. Under the following conditions, State employees who are members of the State Defense Militia are entitled to military leave with pay. Under the following conditions an employee may be granted military leave not to exceed 120 hours (prorated for part-time employees) during any fiscal year:
- Infrequent special activities in the interest of the State, usually not exceeding one (1) day, when so ordered by the Governor or his authorized representative.
- State duty for missions related to disasters, search and rescue, etc. State employees are not entitled to leave with pay when volunteering for support functions or events sponsored by civic or social organizations even though such support has been authorized.
- Regularly scheduled unit training, usually occurring on weekends, is not acceptable for military leave with pay; but the College is encouraged to arrange work schedules to allow participation in these activities.
- Periods for which Military Leave is Not Authorized
Employees will not be entitled to military leave with pay for the following periods; nor is the College required to grant leave, with or without pay, for these purposes:
- Duties resulting from disciplinary action imposed by military authorities.
- Unscheduled or incidental military activities such as volunteer work at military facilities (not on duty status), unofficial military authorities, etc.
- Inactive duty training (drills) performed for the convenience of the member, such as make-up drills, equivalent training, etc.
- Stanly Community College requires the employee to submit a copy of the orders or other appropriate documentation to certify performance of required military duty.
- During the period of military leave with pay, the employee will not incur any loss of State service or suffer any adverse service rating. The employee will continue to accumulate sick and vacation leave, aggregate service credit, and receive any promotion or salary increase if eligible.
Military Leave without Pay
- Military leave without pay will be granted for certain periods of active duty to include attendance at service
- Military leave without pay will be granted for attendance at service schools when such attendance is mandatory for continued retention in the Reserve component.
- For purposes other than retention, leave without pay may be granted employees for attendance at resident military service schools. Such leave will be granted when the employee is required to attend
,and when the required course is not available by any other means.
- Leave without pay will be granted for periods of active duty in the armed forces of the United States. Use of military leave with pay is not authorized upon entry into extended active duty.
- Additional periods of military leave without pay will be granted in the following situations:
- While awaiting entry into active duty provided any delay is not due to the employee’s fault. This will include any period up to 30 days to allow for settlement of personal matters.
- The period following military service while employee’s reinstatement is pending provided the employee applies for such reinstatement within 90 days following release from active duty.
- Any period of involuntary extension of an enlistment which originally was made for four (4) years or less when such extension was not voluntary or due to the fault of the employee. Employees may be required to provide evidence that such extensions were involuntary.
- Extensions of enlistments due to hospitalization for service-connected injury or illness. This benefit is contingent upon the employee applying for reinstatement within ninety (90) days of release from active duty after any such hospitalization.
- The employee will inform his or her supervisor and will provide a copy of orders to report for active duty to the Human Resources Department as soon as they may be available
,and will give the effective date of leave and the probable date of return. The employee is responsible for making application for reinstatement within ninety (90) days from the date of separation from service and will notify the college of any decisions not to return.
- The College is responsible for determining the employee’s eligibility for leave without pay. Human Resources will explain to the employee the rights and benefits concerning leave, salary increases, retirement status, and reinstatement from military leave.
- The employee may choose to have accumulated annual leave paid in a lump sum, may exhaust this leave, or retain part or all of accumulated leave until return to State service. The maximum accumulation of 240 hours applies to a lump sum payment.
- The employee will retain all accumulated sick leave and continue to earn time toward total State service.
- The employee is entitled to retirement service credit for all active-duty service in the armed forces for which discharge, release, or separation was under honorable conditions. Under this provision, credit is received for such service upon filing with the Teachers’ and State Employees’ Retirement System a copy of the service record showing dates of entry and separation. (In addition, the retirement credit is available to employees who return to State employment within a period of two (2) years after the earliest discharge date or any time after discharge and who have earned ten (10) or more years of credit in the Retirement System.) Voluntary enlistments following the earliest discharge are not creditable. No contribution is required to receive this credit.
- Those called to active duty cannot continue coverage under the State Health Plan. Coverage ends on the last day of the month in which the employee enters active service. Employees who use the military leave with pay option and employees who are exhausting vacation leave are still on the payroll, but their health coverage ends on the last day of the month in which they enter active service.
- Employees on leave without pay who are separated or discharged from military service under honorable conditions and who apply for reinstatement within the established time will be reinstated to the same position or one of like status, seniority, and pay in the College. If during military service the employee is disabled to the extent the duties of the original position cannot be performed, the employee will be reinstated to a position with duties compatible with the disability. The employee’s salary will be the same as when placed in a non-pay status plus any general increases granted during military leave. In no case will the reinstated employee’s salary be less than when placed in military leave status. Employees who resign to enter military service without knowledge of their eligibility for leave without pay and reinstatement benefits, but who are otherwise eligible, will be reinstated as if they had applied for this benefit.
National Emergency Leave
Stanly Community College employees may be asked to respond to national emergencies or disasters as determined by the U.S. Public Health Service (USPHS), the Office of Emergency Preparedness (OEP), or other federal agencies. Upon approval of the President of the College, employees may be granted leave as follows:
- Periods of Entitlement for National Emergency Leave with Pay
- Stanly Community College requires the employee to submit a copy of the orders or other appropriate documentation to certify performance of required duty.
- When activated, an employee is entitled to paid leave not to exceed a combined total of 120 hours (prorated for part-time) during any calendar year.
- During the period of national emergency leave with pay, the employee will not incur any loss of state service or suffer any adverse service rating. The employee will continue to accumulate sick and vacation leave, aggregate service credit, and will receive any promotion or salary increase if eligible.
- Employees will be entitled to national emergency leave with pay for the following periods, nor is the College required to grant leave, with or without pay, for the following reasons:
- Unscheduled or incidental activities such as volunteer work (not on required duty status) or unofficial activities associated with the USPHS and/ or OEP, etc.
- Training performed for the convenience of the member, such as make-up and/or equivalent training, etc.
VOLUNTARY SHARED LEAVE
There are occurrences brought about by serious and prolonged medical conditions that cause employees to exhaust all available leave and therefore be placed on leave without pay. It is recognized that such employees forced to go on leave without pay could be without income at the most critical point in their work lives. It is also recognized that fellow employees may wish to voluntarily donate some of their vacation or sick leave so as to provide assistance to a fellow employee.
This leave policy will provide the opportunity for one employee to help another on a one-to-one-basis but does not permit “banking” of leave.
For purposes of this leave policy, the qualifying medical condition may be that of an employee or an immediate family member that is likely to require an employee’s absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee due to limited leave in the employee’s account.
Prolonged medical condition means a medical condition that is likely to require an employee to be absent from duty for a period of at least twenty (20) consecutive workdays. The college may waive the requirement that the employee be absent from duty for a period of twenty (20) consecutive workdays to participate in the program if an employee’s previous absences for the same condition have caused the employee to not have enough leave to cover the new need for leave or if the employee has had a previous, but different, prolonged medical condition within the last twelve (12) months.
Immediate family is defined as: spouse, parent, child, sister or brother, grandparents, great grandparents, grandchildren, great grandchildren (all including step relationships)
; , and other dependents living in the employee's household.
The Privacy Act makes medical information confidential. When disclosing information on an approved recipient, only a statement that the recipient has a prolonged medical condition (or the family member) needs to be made.
An employee who has a medical condition and who receives benefits from the Disability Income Plan of North Carolina (DIPNC) is not eligible to be a part of the shared leave program. Shared leave, however, may be used during the required waiting period and following the waiting period, provided DIPNC benefits have not begun.
An employee on workers' compensation leave who is drawing temporary total disability compensation may be eligible to participate in the voluntary shared leave program. Use of donated leave under the workers' compensation program shall be limited to use with the supplemental leave schedule as described in 25 NCAC 01E .0707.
Non-qualifying conditions: This leave does not apply to short-term or sporadic conditions or illnesses that are common, expected, or anticipated, as determined by the college president or the college president’s designee.
Qualifying to Participate
To participate in the Voluntary Shared Leave Program, an employee shall meet the following conditions:
- A donor or recipient shall have a half-time or more, permanent, probationary, or time-limited appointment (The limitation and leave balance for permanent part-time employees shall be prorated);
- A recipient shall apply or be nominated by a fellow employee to participate in the program;
- A recipient shall produce medical evidence to support the need for leave beyond the available accumulated leave; and
- The parent college shall review the merits of the request and approve or disapprove according to this policy.
An employee who wishes to become a recipient of shared leave must have exhausted all leave. While using voluntary shared leave, the employee continues to earn leave; when accounting for leave, this vacation and sick leave should be used first.
Participation in the voluntary shared leave program shall be limited to 1,040 hours, (prorated for part-time employees), either continuously or, if for the same condition, on a recurring basis. However, management may grant employees continuation in the program, month by month, for a maximum of 2,080 hours, if management would have otherwise granted leave without pay.
An employee of a community college may donate vacation leave, bonus leave, or sick leave to an immediate family member in any State agency, public school, or community college. An employee of a community college may donate vacation or bonus leave to a coworker's immediate family member who is an employee in a state agency or public school provided the employee and coworker are at the same college.
An employee of a community college may donate up to five (5) days of sick leave to a non-immediate family member employee of a community college. The combined total of sick leave donated to a recipient from non-immediate family member donors shall not exceed 20 days per year as defined by local college policy. Donated sick leave shall not be used for retirement purposes. Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave.
The minimum amount of sick leave or vacation leave to be donated is four hours. An employee family member donating sick leave to a qualified immediate family member under the Voluntary Shared Leave program may donate up to a maximum of 1,040 hours but may not reduce the donor’s sick leave account below forty (40) hours.
The maximum amount of vacation leave allowed to be donated by one individual is the amount of the individual's annual accrual rate. However, the amount donated shall not reduce the donor's vacation leave balance below one-half of the annual vacation leave accrual rate. Bonus leave may be donated without regard to this limitation.
Employees desiring to share vacation/sick leave voluntarily should complete the Application to Donate Voluntary Shared Leave Form.
An employee may not directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with any right which such employee may have with respect to donating, receiving, or using vacation or sick leave under this program. Such action by an employee will be grounds for disciplinary action up to and including dismissal on the basis of personal conduct. The donation of leave is confidential
,; and only those individuals authorized under G.S. 115D-29 to access employee personnel file information may view donation information consistent with G.S. 115D-29. Recipients of voluntary shared leave shall not have access to information about individuals who donated leave. The employee donating leave cannot receive remuneration for the leave donated.
The community college may establish a specific time period during which leave can be donated.
All leave donated shall be credited to the recipient's sick leave account and is available for use on a current basis or may be retroactive for up to sixty (60) calendar days to substitute for advanced vacation or sick leave already granted to the recipient or to substitute for leave without pay. Donated leave shall be applied to advanced leave before applying it to leave without pay.
At the expiration of the medical condition, as determined by the College, any unused leave in the recipient’s donated leave account shall be treated as follows:
- The recipient's vacation and sick leave account balance shall not exceed a combined total of forty (40) hours (prorated for part-time employees).
- Any additional unused donated leave shall be returned to active (working or on leave without pay) donor(s) on a pro rata basis and credited to the leave account from which it was donated.
If a recipient separates due to resignation, death, or retirement from state government, participation in the program ends. Donated leave shall be returned to active donor(s) on a pro rata basis.
LEAVE WITHOUT PAY
Leave without pay may occur when a person exhausts sick, annual, personal, and bonus leave. Voluntary Shared Leave may be applied for at this time to avoid leave without pay status.
All requests for leave without pay should be made in writing to the Human Resources Officer showing the reason for the request, the beginning and ending dates, and the request must be signed and dated. The request must be approved by the supervisor, the Chief Financial Officer, the appropriate Dean or Vice President, and the President.
Faculty and staff may be eligible for leave under the Family and Medical Leave Act, which provides for leave without pay under certain circumstances. If you have questions, contact the Human Resources Office.
FAMILY AND MEDICAL LEAVE (FMLA)
Please refer to the Family and Medical Leave Act (FMLA) Policy for details regarding the process and procedures to properly utilize this leave.
Administrative Leave is intended to provide a leave policy to cover situations which cannot be anticipated and to give the President the authority to act in an emergency. Also, when appropriate to facilitate the efficient operation of the College, the President may designate additional employee leave days when the entire College will be closed.
Revisions: 05/07/2018, 04/04/2022 (procedures)