Policy 3.2.1 —
BenefitsProcedure 3.2.1.1 —
Benefits OverviewProcedure 3.2.1.2 —
ACA Measurement PeriodPolicy 3.2.2 —
Longevity PayPolicy 3.2.3 —
LeavePolicy 3.2.4 —
Sick LeavePolicy 3.2.5 —
Annual LeavePolicy 3.2.6 —
Educational LeaveProcedure 3.2.6.1 —
Educational LeavePolicy 3.2.7 —
Civil LeavePolicy 3.2.8 —
Workers’ Compensation Leave and BenefitsPolicy 3.2.9 —
Bonus LeavePolicy 3.2.10 —
Adverse Weather / Emergency ClosingsProcedure 3.2.10.1 —
Adverse Weather / Emergency ClosingsPolicy 3.2.11 —
Voluntary Shared LeavePolicy 3.2.12 —
Family Medical LeavePolicy 3.2.13 —
Child Involvement LeavePolicy 3.2.14 —
Military LeavePolicy 3.2.15 —
Bereavement LeavePolicy 3.2.16 —
Leave Without PayPolicy 3.2.17 —
HolidaysPolicy 3.2.18 —
Making-up Cancelled Classes (cross reference Policy 4.1.9)The College shall make available a comprehensive benefit package to all permanent full-time employees and other employees as required by law.
The College reserves the right to amend or terminate any benefit plan at any time, or require or alter the amount of employee premium contributions. Master Plan contracts or documents will be maintained by the Director of Human Resources. In the event of a contradiction of information in communications such as memorandum, brochures, or summary plan documents, the contract or master plan document shall govern.
Adopted: May 8, 2019
College employees shall be afforded and offered the following benefits, based on the following
classifications of employment:
A. Full-Time Employees
Full-time employees, including full-time employees serving in a probation period, will be afforded the following benefits:
1. All applicable leave as specified in College Policy;
2. Longevity Pay, with requisite years of experience.
3. Teachers’ and State Employees’ Retirement System (“TSERS”) benefits. TSERS benefits include: retirement, long-term disability, short term disability, and life insurance;
4. Participation in the North Carolina State Health Plan (in accordance with Staten Health Plan laws and guidelines with employer contribution); and
5. Other optional benefits as specifically provided by the College or as may be
required by State law.
B. Full-Time, Temporary Employees
1. All applicable leave as specified in College Policy; and
2. Any full-time, temporary employee who is anticipated at the date of hire to work more than three (3) months during the academic year is considered a “full-time” employee and shall be offered health insurance in accordance with State Health Plan policies and guidelines.
Adopted: May 8, 2019
To comply with the Patient Protection and Affordable Care Act, the College outlines the following procedures to determine which employees are treated as full-time employees for purposes of shared responsibility provisions of § 4980H of the Internal Revenue Code regarding health insurance coverage.
A. Ongoing Employees
1. An “ongoing employee” is defined as an employee who has been employed for at least one complete standard measurement period.
2. The Standard Measurement Period is a defined time period of not less than three (3) but not more than twelve (12) consecutive calendar months (as designated by the College). The Standard Measurement Period is eleven (11) consecutive calendar months beginning December 1st through October 31st of the following year.
3. The Administrative Period is the time between the Standard Measurement Period and the Stability Period used to determine which ongoing employees are eligible for health coverage and open enrollment. The Administrative Period begins each November 1st through December 31st.
4. The Stability Period is the period of time that allows employees who were determined to be “full-time” during the Standard Measurement Period to be treated as full-time employees for the purpose of an offer of health insurance coverage. The Stability Period will be January 1st through December 31st.
B. New Employees
1. A “new employee” is generally an employee who starts work in the middle of a Standard Measurement Period and would not have accumulated enough work history needed to complete a Standard Measurement Period. This “new employee” would be subject to an Initial Measurement Period.
2. The Initial Measurement Period is the period of time not less than three (3), but not more than twelve (12), consecutive months. The Initial Measurement Period for each new employee will start on the new employee’s first day of employment and last through the end of twelve (12) consecutive months.
3. The Administrative Period is the period of time from the end of the Initial Measurement Period through the end of the first calendar month beginning on or after the end of the Initial Measurement Period. The total length of this Administration Period will be one full month plus a partial month, depending on the end of employee’s Initial Measurement Period
4. The Stability Period for such employees must be the same length as the Stability Period for ongoing employees. Therefore, the Stability Period for new employees will equal twelve (12) consecutive months beginning the first month after the Administrative Period. Once an employee, who has been employed for an Initial Measurement Period, has been employed for an entire Standard Measurement period, the employee must be reviewed for full-time status, beginning with that Standard Measurement Period, at the same time and under the same conditions as other ongoing employees. At this point, the “new employee” is now considered an “ongoing employee” and will have the same Standard Measurement Period as other “ongoing employees”.
5. The Initial Measurement Period and the following Standard Measurement Period will most likely overlap. Creating two separate measurement periods will ensure that an employee has the opportunity to become eligible for health coverage depending on their working hours in either period.
C. Eligibility
An employee who is employed on average of at least thirty (30) hours of service per week or one-hundred thirty (130) hours of service per calendar month over the course of any measurement period described above is eligible for an offer of health insurance benefits.
D. Compliance and Reliance
In compliance with § 4980H of the Internal Revenue Code, the College utilizes a reasonable method consistent with Notices 2011-36, 2011-73, 2012-17 and 2012-58. As additional guidance is issued, the procedures will be amended to ensure continued compliance with the Affordable Care Act.
Adopted: May 8, 2019
Legal Reference: § 4980H of the Internal Revenue Code; Internal Revenue Service Notices
2011-36, 2011-73, 2012-17, 2012-58
I. Upon completion of at least ten (10) years of total qualifying service with the College in a full-time, permanent position or part-time, permanent position (employed at least nine (9) months per year and for at least thirty (30) hours per week), an employee is eligible for Longevity Pay.
II. Qualifying service is based on a month-for-month computation of employment with:
A. An institution in the North Carolina Community College System or a school administrative unit regardless of the source of salary and including state, local or other paid employment.
1. Employment for a full school year is equivalent to one full calendar year (credit for a partial year is given on a month-for-month basis).
2. In no event will an employee earn more than a year of aggregate service credit in a twelve (12) month period.
3. If an employee is in pay status for one-half (i.e., working, exhausting leave, workers’ compensation, or military leave) or more of the regularly scheduled workdays in a month, credit shall be given for the entire month.
B. Departments, agencies, and institutions of the State of North Carolina (e.g., State Department of Administration, North Carolina Department of Revenue, University of North Carolina, North Carolina Community College System, State Department of Public Instruction).
C. Other governmental units which are now agencies of the State of North Carolina (e.g., county highway maintenance forces, War Manpower Commission, the Judicial System).
D. County agricultural extension service.
E. Local mental health, public health, social services, or civil preparedness agencies in North Carolina, if such employment is subject to the State Personnel Act.
F. Authorized military leave.
1. Credit for military leave is granted only for persons who were employees of the State of North Carolina or other agencies listed in Section 2(a)-(e) herein who were granted leave without pay:
a. for a period of involuntary service plus ninety (90) days or for a period of voluntary enlistment for up to four years, plus ninety (90) days, so long as they returned to employment in a covered agency within the ninety (90) days; or
b. for a period of active duty for service, alerts, or required annual training while in the National Guard or in a military reserve program.
2. Employees who enlist for more than four years or who re-enlist shall not be eligible for longevity consideration for military leave.
3. Employees hospitalized for a service-connected disability or injury shall be granted additional leave without pay for the period of hospitalization plus ninety (90) days or for twelve (12) months, whichever is shorter. The hospitalization must commence before reinstatement into qualifying service for the provisions of this part to apply.
III. Aggregate service to the State of North Carolina for the longevity pay plan does not include:
A. Temporary service, that is, service by an employee who works in a temporary position, or who is working temporarily in the absence of a full-time regular employee on leave of absence.
B. Periods of out-of-state employment with other states, schools, colleges or universities.
C. Periods of employment with agencies of the federal government.
D. Periods of military service other than those categories described above.
E. Periods of employment for employers other than the State of North Carolina even though credit in the North Carolina Retirement System has been purchased for such employment.
IV. Annual longevity pay amounts are based on the length of aggregate service to the State of North Carolina, community colleges, and public schools as designated herein and a percentage of the employee’s annual rate of pay on the date of eligibility.
A. Longevity pay amounts are computed by multiplying the employee’s annual base salary rate as of the eligibility date by the appropriate percentage, rounded to the nearest dollar, in accordance with the following table:
YEARS OF AGGREGATE STATE SERVICE LONGEVITY PAY RATE
10 but less than 15 years 1.50 %
15 but less than 20 years 2.25 %
20 but less than 25 years 3.25 %
25 or more years 4.50%
B. Longevity pay is not considered a part of annual base or contract pay nor is it to be represented in personnel and payroll records as part of annual base salary. (Salary increases effective on the same date as longevity eligibility date shall be incorporated in the base pay before computing longevity).
V. The payment of longevity pay to eligible employees is automatic. Payment shall be made in a lump sum subject to all statutory deductions, during the monthly pay period in which the employee has satisfied all eligibility requirements.
A. Eligible employees on worker’s compensation leave shall receive longevity payment in the same manner as if they were working.
B. If an employee retires, resigns, dies, or is otherwise separated on or after the date of becoming eligible for a longevity payment, the full payment shall be made to the employee or to the estate of the employee in the event of death.
C. If on the effective date of these procedures, an employee has completed the qualifying length of service but is between eligibility dates, longevity payment will be made on the next longevity anniversary date.
D. If the employee has worked part but not all of one year since qualifying for longevity payment, the employee shall receive a prorated payment in the event of: 1. separation from the College; or 2. change in employment status to temporary part-time or to a position not covered in the Policy.
E. If an employee separates from the College and receives a partial longevity payment and is employed by another community college, school administrative unit, or state agency, the balance of the longevity payment shall be made upon completion of additional service totaling twelve (12) months for an employee having a 12-month period of employment or upon completion of a lesser term for a teacher other than a 12-month contract. The balance due is computed on the annual salary being paid at the completion of the requirement.
F. If an eligible employee at the time of separation has a fraction of a year toward the next higher percentage rate, payment shall be based on the higher rate; however, the basic eligibility for longevity requirement must have been satisfied before this provision can apply.
G. Leave without pay in excess of half the work days in a month (with the exception of authorized military leave and worker’s compensation leave) will delay the longevity anniversary date on a month-for-month basis.
VI. Longevity pay shall be made from the same source of funds in the same prorated amounts from which the employee’s regular annual salary is paid (e.g., state, federal, local fund). The Trustees may provide longevity payments to employees from other than state allotted funds.
VII. The President shall:
A. Determine the quality of qualifying service and the longevity anniversary date for each eligible employee.
B. Furnish to the State Board, on forms prescribed by NCCCS, data necessary for a determination of the cost of the longevity pay plan from state funds.
VIII. The State President shall determine the total cost of the longevity pay plan from data submitted by each community college. The State President shall advise the State Board whether funds available for longevity pay are adequate. If funds are not adequate, the State President shall submit a budget revision to the State Budget Officer requesting additional funds from other available sources within State Aid.
Adopted: May 8, 2019
Amended: January 9, 2022
Legal Reference: 1C SBCC 400.8
A. The College President shall be responsible for the administration of the leave program. The College’s Human Resources office shall maintain leave records for all employees. The College will retain leave records for all separated employees for a period of at least five (5) years from the date of separation or longer as determined by applicable law.
B. The following types of leave are authorized for the College’s employees in accordance with state and federal law and these policies and procedures:
Sick Leave
Voluntary Shared Leave
Annual Leave
Family and Medical Leave
Educational Leave
Child Involvement Leave
Civil Leave
Military Leave
Workers’ Comp Leave
Bereavement Leave
Bonus Leave
Leave without Pay
Adverse Weather
Holidays
C. Absences from work during scheduled working hours shall be charged to the employee’s appropriate leave account.
D. If an employee is unable to report for work, the employee shall notify the supervisor of the anticipated absence or tardiness as soon as possible stating the reason and the anticipated length of absence.
Adopted: May 8, 2019
I. Amount Earned
A. A full-time employee (including full-time probationary employee) working or on paid leave for one-half or more of the regularly scheduled workdays in any month shall earn eight (8) sick leave hours per month (ninety-six (96) sick leave hours per year for twelve (12) month employees).
B. A permanent part-time employee (including a part-time probationary employee) shall earn sick leave on a pro rata basis if s/he works one half or more of the scheduled work days in as a month. The leave shall be computed on a percentage or total amount earned by a full-time employee.
C. Unused sick leave may be used for credit towards retirement under the policies and regulations of the North Carolina Teachers’ and State Employees’ Retirement System.
II. Advancement
The College may advance sick leave not to exceed the amount of sick leave an employee can earn during the current fiscal year. Such sick leave advancement must be approved in advance by the President and will only be used in extraordinary situations.
III. Verification
The College may require a statement from a medical provider or other acceptable proof that the employee was unable to work for one of the accepted uses listed in Section IV.
IV. Accepted Uses
Sick leave may only be used for the following reasons:
A. Illness or injury of the employee or the employee’s immediate family. For purposes of this Policy, “immediate family” means the employee’s spouse, parent, child, sibling, grandparent, or grandchild. This also includes all step, half, and in-law relationships;
B. Bereavement Leave;
C. Medical appointments for an employee or the employee’s immediate family;
D. Quarantine due to a contagious disease in the employee’s immediate family living in the same house;
E. The actual period of temporary disability due to childbearing and/or recovery therefrom or for the care of the mother or newborn during the mother’s temporary disability.
V. Other Procedures
A. Leave Charges
All sick leave shall be taken in one half hour increments. Only scheduled work hours shall be charged in calculating the amount of sick leave taken. Saturdays and Sundays are charged only if they are scheduled workdays.
Earned compensatory time must be used before using sick leave.
B. Transfer of Leave
An employee who transferred from a North Carolina public K-12 school, North Carolina community college, a UNC System University, or a state agency (“public employers”) to the College shall be credited with any sick leave which s/he had at the end of employment with the public employer provided that his/her employment
was continuous.
C. Separation
When an employee separates from College employment, the College shall not pay the employee for any accrued, unused sick leave. Sick leave must first be exhausted before going on leave without pay or extended illness. While an employee is exhausting sick leave, s/he earns all benefits for which s/he is entitled.
If an employee separates from College employment and is overdrawn on sick leave, the College shall make deductions from the employee’s final pay check. All deductions shall be made in one half hour increments. As consideration for providing sick leave, employees voluntarily agree to such deductions from their final pay check.
D. Reinstatement of Sick Leave
Employees separated from College employment for reasons unrelated to disciplinary reasons shall be credited with all accrued, unused sick leave at the time of their separation if reinstated within one year from the date of separation.
E. Record keeping
The College shall maintain annual records for sick leave earned and taken for each employee. The College shall retain all sick leave records of all separated employees for a period of at least five (5) years from the date of separation.
Adopted: May 8, 2019
I. Amount Earned
Each full-time employee, eligible to earn annual leave, who is working or on paid leave for one-half or more of the workdays in any month earns annual leave. Employees shall earn annual leave rate at the following rate:
| Years of Total State Service |
Hours Earned Each Month | Hours Granted Each Year | Days Granted Each Year |
|---|---|---|---|
| less than 5 | 9.17 hrs. | 110 | 13.75 |
| 5 but less than 10 | 11.17 hrs. | 134 | 16.75 |
| 10 but less than 15 | 13.17 hrs. | 158 | 19.75 |
| 15 but less than 20 | 15.17 hrs. | 182 | 22.75 |
| 20 or more | 17.17 hrs. | 206 | 25.75 |
II. Maximum Accumulation
Annual leave may be accumulated without any applicable maximum until June 30th of each fiscal year. On June 30th of each fiscal year, or upon separation of service, any employee with more than 240 hours of accumulated annual leave shall have the excess (i.e., the amount over 240 hours) converted to sick leave.
III. Advancement
A. Annual leave may be advanced by the President in an amount not to exceed what an employee can earn during the remainder of the fiscal year.
B. For the first six (6) months of service, new employees can only earn annual leave as stipulated in Section I. Thereafter, an employee may be advanced the amount of leave s/he would earn during the remainder of the fiscal year.
C. An employee desiring an advancement of annual leave must submit, in addition to the requested form, a statement of need outlining the circumstances which require use of as-yet-unearned annual leave. Each case will be assessed on its merits and considerations given as to the urgency of the request and the College’s business needs.
IV. Accepted Uses
The primary purpose of annual leave is to allow for employee vacations.
Annual leave may also be requested for other periods of absence for personal reasons, absences due to adverse weather conditions and for personal illness or illnesses in the immediate family when the employee has exhausted sick leave. Annual leave must be exhausted before an employee goes on leave without pay, except in cases of the birth or adoption of a child as covered under Policy 3.2.13 – Family and Medical Leave Act.
V. Other Procedures
A. Scheduling Annual Leave
Annual leave shall be taken only upon authorization of the employee’s supervisor, who shall designate such time or times when it will least interfere with the College’s efficient operation. Employees must request annual leave in advance. A supervisor may deny an employee’s request to use annual leave if the leave would otherwise hinder the efficient operation of the College or the employee has not provided reasonable notice of the request. Annual leave must be taken in units of thirty (30) minute increments.
Only scheduled work hours shall be charged in calculating the amount of annual leave taken. Weekends and/or holidays are charged only if they are scheduled workdays.
B. Separation from Employment
1. Lump sum payment for annual leave is made only at the time of separation from employment. An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of two-hundred forty (240) hours when separated from employment from the College due to resignation, dismissal, reduction-in-force, death or service retirement. Employees retiring on disability retirement may exhaust leave rather than be paid in a lump sum.
2. If an employee separates from employment and is overdrawn on annual leave, deductions will be made from the final salary check. It will be deducted in full hour units, i.e., a full hour for any part of an hour overdrawn. As consideration for providing annual leave, employees voluntarily agree to such deductions from their final pay check.
3. Payment for annual leave will be made on the regular payroll, reflecting the number of days of leave and the amount of payment. Annual leave may be paid through the last full hour of unused leave.
4. Retirement deductions shall be made from all annual leave payouts.
5. The last day of work is the date of separation, except when an employee exhausts sick and annual leave before disability retirement.
C. Transfer of Annual Leave For new employees, the College may accept up to 80 hours of annual leave from other state agencies or local educational entities. The College does not accept other forms of leave (i.e. Bonus Leave) except Sick Leave as defined in Policy 3.4.2.
D. Annual Leave Records The College shall maintain records for annual leave earned and taken for each employee. The College shall retain all annual leave records of all separated employees for a period of at least five years from the date of separation. It is the employee’s responsibility to report any discrepancy or problem with his/her annual leave balance to Human Resources. Adopted: May 8, 2019
Educational leave refers to the release from duties or time normally required of a full-time employee in carrying out his/her full load of assigned responsibilities for the purpose of furthering the employee’s education. State funds may be used to pay employee salaries while they are on educational leave if the following criteria are fulfilled:
A. The employee is employed full-time on a nine (9), ten (10), eleven (11), or twelve (12) month basis;
B. The employee has been a full-time College employee for at least three (3) years; 1
C. Any employee granted educational leave shall complete a promissory note and contract for the full amount of salary and benefits. The contract will include a provision that the employee will remain employed by the College for at least one year after the educational leave ends;
D. An employee who fails to honor the contract shall be required to repay the full amount of salary and benefits expended for the educational leave. If the employee fulfills a portion of the contract but does not work the entire year after the educational leave, the employee shall be required to repay a pro-rata portion of the salary and benefits expended by the College for the educational leave.
E. Educational leave will not exceed a period of one (1) semester during a fiscal year; The President is hereby authorized to develop procedures to implement this Policy.
Adopted: May 8, 2019
Legal Reference: 1C SBCCC 400.96
An employee may be granted Educational Leave with pay (“leave”) provided all of the following conditions are met:
1. The employee has submitted the appropriate leave application.
2. The employee is employed full-time on a 9, 10, 11, or 12-month basis and has been employed by the College for a minimum of three years.
3. The leave does not exceed eighty (80) business days during the leave period in any twelve (12) month period.
4. The President has approved the leave.
5. The employee is under contract (full-time) to return to the College the full year following the leave.
6. An employee pursuing course work toward an advanced degree must attend an accredited institution.
7. The College’s needs must take priority over any employee’s requested work schedule adjustments. Depending on the employee’s request and any supervisory recommendations, the College may impose additional conditions as needed and based on the situation.
8. Requests for the leave are considered on a first come, first serve basis. Multiple requests in the same department are considered individually based on impact to the work area. Prior to the leave being granted, the appropriate Vice President must ensure that the employee’s duties and responsibilities are to be adequately performed during the employee’s absence.
9. An employee who fails to honor the contract and does not return to work after the leave shall be required to repay the full amount of salary and benefits expended for the educational leave. If the employee fulfills a portion of the contract but does not work the entire year after the leave, the employee shall be required to repay a pro rata portion of the salary and benefits expended by the College for the leave.
10. Requests for leave must be submitted in a timely manner for planning purposes, preferably during the budgeting process or 180-days prior to the leave request.
11. Employees may be considered for additional leave after completing two (2) consecutive years of employment subsequent to the completion of the prior leave.
12. Employee shall provide verification of completion of course(s) taken (e.g., letters, certificates, transcripts, etc.).
13. Requests which do not meet the criteria for leave may be addressed in Policy 3.2.16 – Leave Without Pay.
Adopted: May 8, 2019
For jury duty and other court attendance, it is the employee’s responsibility to inform his/her immediate supervisor when the duty is scheduled and the expected duration. Employees shall provide notice of the required jury or court appearance as soon as practical.
I. Jury Duty
All employees who serve on a jury are entitled to civil leave with pay plus fees received for jury duty. The employee should report back to work as soon as jury duty is completed. S/he must report back to work the day following completion of the duty. If jury duty occurs on a scheduled day off, s/he is not entitled to additional time off.
II. Court Attendance
When an employee attends court in his or her official capacity as a College employee, the employee is entitled to civil leave with pay. The employee is required to give any fees received as a witness while serving in an official capacity to the College. (If court is on a day that would normally be an off-day, the time is to be considered as working time and included in total hours worked per week). After the employee’s appearance in court is over, the employee must immediately return to work.
If an employee is a party or subpoenaed to appear as a witness in a court matter where the employee’s appearance is not related to his/her College duties, the employee shall be allowed to take annual leave, compensatory leave or leave without pay for purpose of attending court.
Employees sued in their official capacities (or individual capacities but engaging in activities within the course and scope of their duties) shall be granted civil leave with pay.
Adopted: May 8, 2019
Legal Reference: 1C SBCCC 200.94
I. Use of Leave due to Workers’ Compensation Injury
When an employee suffers an accidental injury or contracts an occupational disease within the meaning of the North Carolina Workers’ Compensation Act (“Act”), the employee is entitled to benefits provided by the Act. The employee is entitled to medical benefits and compensation for time lost from work due to the injury. The Act does not entitle an employee to job protection due to a workers’ compensation injury.
If an employee is not able to work because of the accident, the Act requires a seven (7) day waiting period before the employee is eligible for weekly benefits. After the seven (7) day waiting period has expired, if an employee is not able to work because of the accident, an employee qualifies for compensation under the Act at the rate of sixty-six and two-thirds percent (66-2/3%) of an employee’s average weekly wage, but no more than the amount established by the Act.
If the injury results in disability of more than twenty-one (21) calendar days from the date of disability, the Act provides that compensation shall be allowed for the seven (7) day waiting period. At any time during the period of disability, an employee may use accrued leave in order to make up the difference between the compensation provided under the Act and their average weekly wage.
II. Responsibility of Employer and Employee
In accordance with N.C.G.S. 97-22, the employee or his/her representative must provide written notice of an accident to the employee’s supervisor as soon as possible. No compensation shall be payable unless such written notice is given within thirty (30) days after occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the North Carolina Industrial Commission (“Commission”) for not providing adequate notice and the Commission is satisfied that the employer has not been otherwise prejudiced by the delay.
The College is required to report an employee injury to the Commission using I.C. Form No. 19. The injured employee is responsible for claiming compensation. A claim must be filed by the employee through the College with the Commission within two (2) years from the date of injury. Otherwise, the claim is barred by law.
III. Continuation of Benefits
A. Performance Increase. Upon reinstatement, an employee’s salary will be computed based on the last salary plus any legislative increases to which the employee is entitled.
B. Annual and Sick Leave. While on workers’ compensation leave, an employee will continue to accumulate annual and sick leave to be credited to his/her account for use upon return.
Accumulation of annual leave may in some cases exceed the 240-hour maximum as set forth in Policy 3.2.6. In those cases:
1. The maximum to be carried forward to the next fiscal year may be exceeded by the amount of vacation accumulated while the employee is out of work due to their workers’ compensation injury. The excess may be used after returning to work or be added to the employee’s remaining balance of leave carried until the end of the fiscal year following a full year after the employee’s return to work, at which time the excess will be paid in a lump sum to the employee.
2. If the employee separates during the period that excess annual leave is allowed, the excess annual leave to be paid in a lump sum may not exceed the amount accumulated during the first twelve (12) months of when the mployee is out of work and receiving workers’ compensation benefit.
C. Health Insurance
While an employee is out of work and receiving compensation under the Act, the employee is in pay status and will continue coverage under the state’s health insurance program.
Adopted: May 8, 2019
Legal Reference: N.C.G.S. Chapter 27 – Workers’ Compensation Act
The College may award bonus leave to full-time employees only when authorized by the General Assembly. The award of bonus leave may be prorated based on the months of employment the employee works.
A. Scheduling Bonus Leave – Bonus leave may be used under the same circumstances as annual leave pursuant to Policy 3.2.6 and shall be taken only upon authorization of the appropriate Vice President. Based on the College’s staffing needs, an individual may be required to take bonus leave at a different time than the employee requested.
B. Maximum Accumulation – There is no maximum accumulation of bonus leave.
C. Transfer of Bonus Leave – Bonus leave may be transferred into the College from other state agencies or community colleges at the time of hire. Upon separation due to resignation, dismissal or a reduction-in-force, bonus leave is transferable to an employee’s account with another state agency or community college.
D. Separation – Payment of Bonus Leave:
1. Lump sum payment for bonus leave is made only at the time of separation from the College service due to resignation, dismissal, reduction-in-force, death or service retirement.
2. Employees retiring on disability may exhaust bonus leave rather than be paid in a lump sum.
3. Payment for bonus leave may be made on the regular payroll, reflecting the number of days of bonus leave and the amount of payment. Bonus leave may be paid through the last full hour of unused bonus leave. Overdrawn annual or sick leave amounts may be deducted from bonus leave prior to payment.
Adopted: May 8, 2019
During situations such as natural disasters, emergencies and/or inclement weather, the President has the discretion to alter the College’s operating schedule as needed. The President shall take steps necessary to deal with the situation and notify College employees.
A. Use of Leave
1. If the President closes the College as a result of adverse weather or emergency, no employees will be required to take any leave. Essential employees (i.e., security, grounds, maintenance, etc.) who are required to work on closed days will be provided with comparable time-off at a later date with supervisor approval.
2. If the College is open but the employee believes s/he cannot make it to the designated work site safely, the employee will be required to do one of the following:
a. Make-up the time on a schedule approved by the employee’s immediate supervisor, if feasible;
b. Take annual, bonus or compensatory leave; or
c. Take leave without pay.
Make-up time must be completed before the end of the fiscal year.
Adopted: May 8, 2019
Extreme weather conditions or other natural disasters or emergencies may require the College to cancel or delay classes in consideration of the safety of both student and employees. Weather conditions must be extreme before classes will be cancelled.
The College will make every attempt to announce a decision to close or operate on a delayed schedule by no later than 7:00 a.m. (usually earlier), and by 2:00 p.m. for evening classes. If no announcement is made, classes will operate on a regular schedule. If the College is closed or delayed, the faculty and staff workday is also cancelled or delayed.
1. The President will notify the Vice-Presidents and other appropriate College personnel of his/her decision and these staff in turn will notify the appropriate media of the decision.
2. In the event the President is out-of-place or is not in a position to make a decision on inclement weather, it will be the responsibility of the Vice-Presidents to make a collaborative decision concerning the action to be taken. Should the President and one or more of the Vice-Presidents be out-of-place or not in a position to make a decision, then it will be the responsibility of the remaining Vice-Presidents to make the decision in a collaborative manner.
3. The announcement will be published on the following television stations and their websites: myfox8.com, wfmynews2.com, wral.com and wsoctv.com.
4. Any decision to delay or cancel will be available on the automated message of the main campus phone number (910-898-9600) and on the College’s website.
5. A decision to close early will be implemented so that everyone gets the message as close to the same time as possible. No classes are to dismiss before receiving an official message. A decision to close means that faculty and staff may also leave after reasonably assuring all students in their charge have been released. Any exception to the early release of faculty and staff will be announced.
6. There could be a distinction made between day and evening classes.
Adopted: May 8, 2019
I. PURPOSE
The Voluntary Shared Leave Program (“Program”) allows a College employee to voluntarily donate a portion of his/her leave to a fellow College employee who, due to that employee’s serious or prolonged medical condition or that employee’s immediate family member’s serious or prolonged medical condition, has exhausted all his/her bonus, annual, and sick leave and is being placed on leave-without-pay status.
Based on the rules as contained herein, College employees may participate in the Program by:
A. Donating annual, bonus or sick leave to an immediate family member in any State agency, public school or community;
B. Donating annual 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 both work at the College; and/or
C. Donating annual, bonus or sick leave to a non-immediate family member employee at a North Carolina community college.
II. DEFINITIONS
A. Donor – the employee who donated leave.
B. College Employee – a permanent or probationary full-time employee that accrues sick and annual leave.
C. Immediate Family Member – a spouse, parent, child, brother, sister, grandparent or grandchild. The term also includes the step, half, foster and in-law relationship and dependent living in the employee’s household.
D. Recipient – the employee or the employee’s immediate family who receives leave.
E. Serious or Prolonged Medical Condition – a medical condition of an employee or his/her immediate family that will require his/her absence from duty for a period of at least twenty (20) consecutive workdays. If an employee has had previous random absences for the same condition that has caused excessive absences or if the employee has had a previous, but different serious or prolonged medical condition within the last twelve (12) months, the College may make an exception to the twenty (20) day period.
III. LEAVE REASONS
A. Qualifying Reasons
To receive voluntary shared leave, a prospective recipient must have complied with existing leave rules and:
1. Have a serious and prolonged medical condition (or a member of the employee’s immediate family has a medical condition that requires the employee’s absence for a prolonged period);
2. Apply for or be nominated to become a recipient;
3. Produce medical evidence to support the need for leave beyond the available accumulated leave; and
4. Be approved by the President to participate in the Program.
A College employee on maternity leave may be eligible to receive voluntary shared leave to cover the period of disability related to the pregnancy and/or birth as documented by a physician.
B. Non-Qualifying Reasons
A College employee who is receiving benefits from the Disability Income Plan of North Carolina (“DIPNC”) is not eligible to participate in the Program. Shared leave 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.
This Policy does not apply to short-term or sporadic conditions or illnesses. This would include such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term absences due to contagious diseases; or short-term, recurring medical or therapeutic treatments. These examples are illustrative, but not all inclusive. Each case, however, must be examined and decided based on its conformity to this Policy’s intent and must be handled consistently and equitably. Voluntary shared leave cannot be used for parental care of a newborn child absent a documented prolonged health condition.
IV. APPLICATION FOR LEAVE
A prospective recipient may apply or be nominated by a fellow employee to participate in the Program. The application may be in the form of a letter or statement to the President or to the Human Resources Department. The request must include a description of the medical condition, the estimated duration of the illness and, in most cases, a certification from a physician. After review of the current leave status and eligibility by the Director of
Human Resources, the request will be presented to the President for approval.
V. LEAVE CONTRIBUTION AND DONATION
A. An employee may begin using voluntary shared leave after all available bonus, annual and sick leave has been exhausted. While using voluntary shared leave, employees continue to earn leave.
B. The amount of voluntary shared leave a recipient may receive is one thousand forty (1,040) hours per year, either continuously or, if for the same condition, on a recurring basis. However, the President may grant continuation, on a month-to-month basis, to a maximum of two thousand eighty (2,080) hours, if the President would have otherwise granted leave without pay.
C. A College employee donating sick leave to an immediate family member may donate up to one thousand forty (1,040) hours but may not reduce the donor’s sick leave account below forty (40) hours. 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 to be donated is four (4) hours.
D. A College employee may donate up to five (5) days of sick leave to a non-immediate family member employee of a North Carolina community college. The combined total of sick leave donated to a recipient from non-immediate family member donors shall not exceed twenty (20) days per year. 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 to be donated is four (4) hours.
E. The minimum amount of annual and/or bonus leave that may be donated per recipient is four (4) hours per year. The maximum amount of annual leave that may be donated:
1. May not be more than the amount of the donor’s annual accrual rate; and
2. May not reduce the donor’s annual leave balance below one-half of the yearly annual leave accrual rate.
3. Bonus leave may be donated without regard to the above limitations on annual leave.
F. 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.
G. To donate voluntary shared leave, a donor must, at the time of donation:
1. Be an active employee (not separated);
2. Be in a position that earns leave; and
3. Have sufficient leave balances.
VI. UNUSED SHARED LEAVE
A. End of Medical Condition
Any unused leave at the expiration of the medical condition, as determined by the President, shall be treated as follows:
1. The recipient’s sick leave account balance shall not exceed a total of forty (40) hours.
2. Any additional unused donated leave shall be returned to donor(s) on a pro-rata basis and credited to the leave account from which it was donated.
B. Separation from Service
If a recipient separates from service due to resignation, death, or retirement, participation in the Program ends. Unused leave shall be returned to the donor(s) on a pro-rata basis and credited to the same account from which it was donated.
C. Transfer
If a recipient transfers to another North Carolina state agency, public education system or community college, unused voluntary shared leave shall be returned to the donor(s) on a pro-rata basis and credited to the same account from which it was donated.
VII. CONFIDENTIALITY
An employee’s medical information is 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. If the employee wishes to make the medical status public, the employee must sign a release to allow the status to be known.
VIII. INTIMIDATION OR COERCION PROHIBITED
An employee may not intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with any right which the employee may have with respect to donating, receiving, or using leave under this Program. Such action shall be grounds for disciplinary action, up to and including, dismissal.
Adopted: May 8, 2019
Legal Citation: G.S. 115D-25.3; 1 SBCC 200.94(c); 25 NCAC 01E.1301-.1307; 25; NCAC
01E .0707; S.L. 2016-94, § 36.19
I. OVERVIEW
Pursuant to the Family and Medical Leave Act of 1993 (“FMLA”), any eligible employee may be granted up to a total of twelve (12), or in some cases twenty-six (26), weeks of unpaid, job-protected family and medical leave in any twelve (12) month period for one or more of the following reasons:
A. For the birth of a child and to care for the child after birth, provided the leave is taken within a twelve (12) month period following birth;
B. For the employee to care for a child placed with the employee for adoption or foster care, provided the leave is taken within a twelve (12) month period following adoption;
C. For the employee to care for the employee’s child, spouse or parent, where that child, spouse or parent has a serious health condition;
D. Because the employee has a serious health condition that makes the employee unable to perform the functions of the employee’s position;
E. Because of any qualifying exigency where the employee’s spouse, child of any age or parent is a military service member under a call or order to federal active duty in support of a contingency operation; or
F. Because of the need to care for a family member or next of kin who has been injured while serving in the armed forces. For this provision, the amount of FMLA is up to twenty-six (26) weeks within a twelve (12) month period.
II. DEFINITIONS
The following definitions shall apply to this policy:
A. “Eligible employee” means an employee who has been employed: (a) for at least twelve (12) months by the College; and (b) for at least one thousand two hundred fifty (1250) hours of service with the College during the previous twelve (12) month period.
B. “Health care provider” means:
1. Doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State in which the doctor practices; or
2. Any of the following individuals as long as they are authorized to practice medicine in the State and are performing within the scope of their practice as defined under state law:
a. Podiatrist, dentist, clinical psychologist, optometrist, chiropractor, nurse practitioner, nurse-midwife and clinical social worker;
b. A health care provider from whom the College’s group health plan’s benefit manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and
c. A health care provider listed above who is authorized to practice in accordance with the laws of that country and who is performing within the scope of his/her practice as defined under those laws.
3. “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following:
a. inpatient care in a hospital, hospice or residential medical care facility;
b. a period of incapacity of more than three (3) consecutive days that also involves continuing treatment by a health care provider; continuing treatment means one in-person visit to a health care provider within the first seven (7) days of incapacity and either a second visit within the first thirty (30) days or a regimen of continuing treatment under the supervision of a health care provider;
c. any period of incapacity due to pregnancy or for pre-natal care;
d. chronic conditions requiring treatment;
e. permanent/long-term conditions requiring supervision; or
f. multiple treatments for non-chronic conditions.
4. Family Definitions
a. “Son or daughter” includes a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is: (1) under eighteen (18) years of age; or (2) eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.
b. “Spouse” means a partner joined in marriage recognized by the State of North Carolina or any other state, including common law marriages.
c. “Parent” means the biological, step, adoptive or foster parent or an individual who stood in loco parentis to an employee when the employee was a child. This term does not include parents “in-law”.
FMLA leave. All benefits accrue during any period of paid leave; however, no benefits or seniority will be accrued during a period of unpaid FMLA leave. Any use of paid leave runs concurrently with FMLA leave and counts toward the FMLA leave entitlement.
Holidays occurring during an FMLA period of a full week count toward the FMLA leave entitlement. Holidays occurring in a partial week of FMLA do not count toward the FMLA leave entitlement unless the employee was scheduled to work on the holiday.
B. Intermittent Leave or Reduced Work Schedule
Under certain circumstances, FMLA leave may be taken intermittently or on a reduced leave schedule which reduces the regular workday or workweek. If the employee’s request for intermittent leave or leave on a reduced work schedule is foreseeable because of a planned medical treatment, the College may transfer the employee temporarily to another position for which the employee is qualified and which better accommodates recurring periods of leave. The alternative position must have equivalent pay and benefits. There is no limit on the size of an increment of leave when intermittent or reduced leave is taken. The College may limit leave increments to the shortest period of time that the payroll system uses to account for absences or leave, provided it is one (1) hour or less. An employee may not be required to take more FMLA leave than necessary to address the circumstances that precipitated the need for the leave.
C. Notices
1. Notice to Employer
In all instances where the employee is required to provide the College notice of requested FMLA leave, the employee shall inform the Human Resources office and his/her immediate supervisor. It is the responsibility of the employee to explain the reasons for FMLA leave in sufficient detail as to allow the College to determine that the leave qualifies under the FMLA. If the employee fails to adequately explain or document FMLA qualifying reasons for the leave after a request by the College, leave may be denied. Where the necessity for FMLA leave for the birth or placement of a child is foreseeable, the employee shall notify the College at least thirty (30) days
before the date the leave is to begin or the employee’s intention to take such leave. In other cases, the employee shall provide such notice as soon as practicable. For foreseeable leave where it is not possible to give as much as thirty (30) days’ notice, “as soon as practicable” means at least verbal notification within one (1) or two (2) business days of when the need for leave becomes known to the employee. An employee shall provide at least verbal notice sufficient to make the College aware that the employee needs FMLA leave and the anticipated timing and duration of the leave. The College may also require an employee to comply with the College’s usual and customary notice and procedural requirements for requesting leave. If the employee fails to give timely advanced notice when the need for FMLA leave is foreseeable, the College may delay the taking of FMLA leave until
thirty (30) days after the date the employee provides notice to the College of the need for FMLA leave. An employee may not be entitled to FMLA leave if he or she fails to provide adequate notice of the leave and certification of the medical condition as provided within this policy and the law.
2. Notice to Employee
Within five (5) business days of the employee notifying the College of the need for FMLA leave, the College shall give the employee a written notice detailing the specific rights, expectations and obligations of the employee on FMLA leave. The College shall use the U.S. Department of Labor model notice form. Within five (5) business days after receiving sufficient information to determine whether the need for leave is FMLA qualifying, the College shall give the employee notice that informs the employee of the amount of leave that will be counted against the employee’s FMLA leave entitlement. The College shall use the U.S. Department of Labor model designation form.
D. Medical Certification
Any request for FMLA leave for a serious health condition shall be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse or parent of the employee as appropriate. Such medical certification should be attached to the employee’s request for FMLA leave, or in the case of unforeseen leave, generally within two (2) business days after the leave begins. In the case of foreseeable leave, the College may delay the taking of FMLA leave to an employee who fails to provide timely certification after being requested by the College to furnish such certification (within fifteen (15) calendar days, if practicable) until the required certification is provided. In the case of unforeseeable leave, if the employee does not provide the medical certification within a reasonable time under the pertinent circumstance, the College may delay the continuation of
FMLA leave. If the employee never produces the required medical certification, or if the certification does not confirm the existence of a serious health condition as defined under FMLA, then the leave is not FMLA leave. In any case in which the College has reason to question the appropriateness of the leave or its duration, the College may request certification at some later date. If the College has reason to doubt the validity of the certification provided, the College may require, at its expense, that the eligible employee obtain the opinion of a second (or third) health care provider. Second and third opinions are not permitted for the military caregiver leave.
If the College deems a medical certification to be incomplete or insufficient, the College must specify in writing what information is lacking and give the employee seven (7) calendar days to cure the deficiency.
The College may not ask for re-certification any more frequently than every thirty (30) days. If the initial certification is for more than thirty (30) days, the College must wait for the initial leave period set forth in the certification to run before asking for re-certification. Re-certification may only be required when employees are taking leave for their own serious health conditions. Under the qualified exigency leave, the College may not request re-certification of the covered service member’s active duty or call to active duty orders. Also, re-certification is not permitted for the military caregiver leave.
The College’s representative contacting the health care provider must be a health care provider, human resource professional, a leave administrator, or a management official, but in no case may it be the employee’s direct supervisor. Further, the College may not ask health care providers for additional information beyond that required by the medical certification form.
E. Confidentiality
All records and documents relating to medical certifications, re-certification or medical histories of an employee or an employee’s family members shall be maintained in a separate medical file from the employee’s personnel file and shall be treated as confidential medical records in accordance with the Americans with Disabilities Act of 1990 (“ADA”).
F. Fitness-for-Duty/Notice of Intent to Return to Work
The College may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. The College shall require that the employee provide reasonable notice within two (2) business days, where foreseeable, of a change in circumstances or duration of FMLA leave. As a condition of restoration for any employee who has taken FMLA leave for the employee’s own serious health condition (except for intermittent leave), the College shall require each such employee obtain (at the employee’s expense) and present certification from the employee’s health care provider, with regard to the particular health condition that caused the employee’s need for FMLA leave, that the employee is able to resume work, if such certification is job-related and consistent with business necessity. The College may delay restoration to employment until an employee submits a required fitness-for-duty certification. Unless the employee provides either a fitness-for-duty certification or a new medical certification for a serious health condition at the time FMLA leave is concluded, the employee may
be terminated.
G. Restoration to Work
Except as provided under “Exemption” below, any eligible employee who takes approved FMLA leave shall be entitled upon return from such leave:
1. To be restored by the College to the same position of employment held by the employee when the leave commenced; or
2. To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the College will review such situations on a case-by-case basis under the ADA.
Exemption:
If the employee is a salaried FMLA-eligible employee who is among the highest paid ten percent (10%) of all College employees (i.e., a “key employee”), the College may deny restoration of such employee if the denial is necessary to prevent substantial and grievous economic injury to the operations of the College, and after
notification to the employee to that effect, the employee elects not to return to employment.
Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. However, an employee is not entitled to the accrual of any seniority or employment benefits during unpaid FMLA leave.
H. Group Health Coverage
The College shall maintain the employee’s coverage under any group health plan (as defined in the FMLA regulations) on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire FMLA leave period. However, the College may recover the premium that it paid for maintaining such group health plan coverage for the employee under certain circumstances set forth in the Notice provided to employees when they request FMLA leave. The College’s obligation to maintain health insurance coverage ceases under FMLA if an employee’s premium payment is more than thirty (30) days late, after the College has provided written notice to the employee, mailed at least fifteen (15) days before coverage is to cease, that the payment has not been received.
I. Miscellaneous
An employee’s entitlement to benefits other than group health benefits during a period of FMLA leave shall be determined by the College’s policy regarding benefits for other types of leave (paid or unpaid, as appropriate). Maintenance of health insurance policies that are not a part of the College’s group health plan (where no contributions are made by the College) is the sole responsibility of the employee.
The College shall not interfere with an eligible employee’s rights under the FMLA, shall not discharge or otherwise discriminate against employees who exercise such rights, and shall not retaliate against employees who file, initiate or otherwise assist in charges or investigations against the College.
J. Posting and Requirements
The Director of Human Resources or designee shall ensure that notices of FMLA provisions and information on procedures for filing complaints are posted in places that are readily accessible to employees and applicants.
Adopted: May 8, 2019
Legal Reference: Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq.; Family and Medical Leave Act of 1993, 29 U.S.C. 2601, et seq., 29 C.F.R. pt. 825
A. Purpose – The purpose of child involvement leave is to promote employees’ involvement in the education of youth and to promote employees’ assistance to schools. Full-time employees may take leave under this policy to:
1. Meet with a teacher or administrator of any elementary school, middle school, high school or child care program authorized to operate under the laws of the state of North Carolina concerning the employee’s children, step-children or children over whom the employee has custody. For purposes of this policy, “school” means any:
(i) public school; (ii) private church school, church of religious charter or nonpublic school described in Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes that regularly provides a course of grade school instruction; (iii) preschool; and (iv) child care facility as defined in N.C.G.S. 110-86(3).
2. Attend any function sponsored by the school or child care program as defined above in which the children, step-children, or children over whom the employee has custody are participating. This provision shall only be utilized in conjunction with non-athletic programs that are a part of or a supplement to the school’s or daycare’s
academic or artistic program.
3. To perform, by any employee, without regard to parental status, school-approved volunteer work approved by a teacher, school administrator, or program administrator.
B. Amount of Leave
1. Employees, including new employees, may take up to four (4) hours of unpaid leave each calendar year regardless of the number of children. The four (4) hours of leave will be credited to employees on July 1 of each year.
2. For each leave period requested, leave shall be taken in units of no less than one (1) hour and in quarter hour increments thereafter.
C. Approval of Leave
1. Employees must receive approval from their immediate supervisor to use this leave. The College may require acceptable proof that leave taken is within the purpose of this policy and a forty-eight (48) hour advanced notice.
2. The College will endeavor to grant the leave as requested by the employee but, based on the College’s needs, the leave may need to be taken at a different time.
3. Leave not taken in a fiscal year in which it is earned will be forfeited.
Adopted: May 8, 2019
Legal Reference: N.C.G.S. 95-28.3
Pursuant to federal and state law, military leave shall be granted to College employees for certain periods of service in the uniformed services.
A. Military Leave with pay shall be granted to members of the uniformed services of the U.S. Armed Forces for certain periods of active duty training and for State military duty. Such leave shall be granted to full-time, part-time, regular, provisional, trainee, and probationary employees for up to one hundred twenty
(120) working hours per federal fiscal year (Oct. 1 – Sept. 30) for any type of active duty not considered to be “Extended Active Duty”.
B. Leave with Pay for Reserve Active Duty. Members of the uniformed services reserve components who are called to “Involuntary Active Duty” shall receive up to thirty (30) calendar days of leave with pay. After the thirty (30) day period, members shall receive differential pay for any period of involuntary service. This pay shall be the difference between military basic pay and the employee’s annual College salary, if military pay is the lesser.
C. Retention and Continuation of Benefits During Leave with and without Pay. Retention and/or continuation of benefits are dependent upon the type and duration of leave granted and is determined on an individual basis.
D. Additional Leave Requirements. Members of the uniformed services are granted leave with pay for infrequent special activities in the interest of the State when so ordered by the Governor or his/her authorized representative. Members shall be granted leave with pay for active State duty for periods not exceeding thirty (30) consecutive calendar days; for periods in excess of thirty (30) calendar days, employees shall be entitled to military leave with differential pay.
E. Military Leave without pay shall be granted for the following periods:
1. Regularly scheduled unit assemblies usually occurring on weekends and referred to as “drills”;
2. Duties resulting from disciplinary actions imposed by military authorities;
3. Unscheduled or incidental military activities such as volunteer work at military facilities, unofficial military activities, etc.;
4. Inactive duty training, “drills” performed for the convenience of the member, such as equivalent training, split unit assemblies, make-up drills, etc.;
5. Extended active duty for a period not to exceed five (5) years;
6. Full time National Guard duty (usually a three (3) year contract);
7. Initial active duty for training (initial enlistment); and/or
8. Certain periods of incapacity in a medical facility resulting from injuries sustained while on active or inactive duty.
F. Reinstatement/Reemployment from Military Duty. Members of the uniformed services shall have reinstatement/reemployment rights as defined by prevailing law and/or guidelines established by Federal and State law.
No agent or employee of the College shall discriminate against any College employee or applicant for employment because of their membership, application for membership, performance of service, application for service, or obligation for service in the Uniformed Services. The President is authorized to develop procedures consistent with this policy.
Adopted: May 8, 2019
Amended: January 9, 2022
Legal Reference: Uniformed Services and Reemployment Act of 1994; N.C.G.S. 127A-116; and 25 NCAC 01E.0802; 1C SBCCC 400.7
All employees shall be granted up to three (3) days for bereavement leave for the death of an immediate family member. For purposes of this Policy, “immediate family member” means the employee’s spouse, parent, child, sibling, grandparent and grandchild. This also includes all step, half and in-law relationships.
Any leave taken beyond the three (3) days must be charged to annual, sick, or leave without pay. An employee should notify his/her immediate supervisor when a death in the immediate family occurs. If leave is taken beyond the three (3) days of bereavement leave, the employee and supervisor must ensure that the employee’s job duties are adequately covered.
Adopted: May 8, 2019
Leave without pay may be granted to an employee for educational purposes which will better equip the employee for the performance of his/her duties and responsibilities, to do special work for the federal government in cases of emergency or when the College is to profit by the experience gained or the work performed, for vacation purposes, for reasons specified in College policy, or for other reasons deemed justified by the appropriate Vice President and the President or otherwise required by law.
I. Maximum Amount
Leave without pay normally shall not exceed twelve (12) months. Any exception to this should be agreed upon by the appropriate Vice President and the President. For military leave without pay, see Policy 3.2.15 – Military Leave.
II. Employee Responsibility
The employee shall apply in writing to his or her supervisor for leave without pay at least two (2) weeks prior to such leave. The employee is obligated to return to duty within or at the end of the time granted. If the employee finds s/he will not return to work, the employee must notify the College immediately. Failure to report to work at the expiration of a leave without pay, unless an extension has been requested, shall be treated as a resignation.
III. College Responsibility
The decision to grant leave without pay is an administrative one for which the Vice President and President must assume full responsibility. Factors to consider are workload, need for filling employee’s job, chances of employee’s returning to duty and chances of the College’s ability to reinstate employee to a position of similar status and pay. If it is necessary to fill a position vacant by leave without pay or if it is necessary to terminate an employee on leave without pay, the position may be filled by a temporary or permanent appointment provided the employee on leave without pay is notified of such action immediately.
IV. Retention of Benefits
While on leave without pay, the employee shall retain all accumulated annual leave and sick leave and time earned towards salary increments; however, the employee ceases to earn any additional sick or annual leave on the date leave without pay begins except in cases where an employee is receiving worker’s compensation benefits. The employee also ceases to earn time toward salary increments except while on military leave, educational leave or while receiving worker’s compensation benefits.
V. Payment for Non-Workdays – Short Periods of Leave without Pay
A short period of leave without pay is a period of not more than 10 workdays. An employee on leave without pay for a short period is entitled to be paid for non-workdays (weekends and holidays), if they are scheduled to work that day and only when he or she is in pay status at least half the day immediately preceding or following the non-workdays.
Adopted: May 8, 2019
The College shall designate and observe certain days each year as holidays. All eligible employees will be given a day off with pay for each holiday as stated herein.
A. The President shall cause to be published the schedule of holidays to be observed before July 1st each year for the next academic year. A holiday that occurs on a Saturday or Sunday generally will be observed by the College on either the preceding Friday or following Monday. The holiday schedule shall not exceed twelve (12) paid holidays per academic year.
B. An eligible employee is an employee who:
1. Is in pay status through the day on which the holiday is scheduled; or
2. On a leave of absence without pay but was in pay status for half or more of the workdays in the month.
C. The College recognizes that some eligible employees may wish to observe, as periods of worship or commemoration, certain days that are not included in the College’s regular holiday schedule. In such cases, eligible employees may take other earned leave for those reasons if it does not unduly disrupt the College’s business and is approved by the employee’s immediate supervisor.
D. The College retains the right to schedule work on a holiday for some or all eligible employees should it become necessary and critical to the College’s operation. In such cases, the employee will be given the time-off at another time on a hour-for-hour basis unless the Fair Labor and Standards Act stipulates otherwise. For purposes of this Policy, a holiday is a total of eight (8) hours.
E. In the event the College must establish an alternative operational schedule, an alternative holiday schedule may be developed in keeping with the College’s operational needs provided that all employees are given the same number of holidays and the holidays do not exceed twelve (12) days. The alternative holiday schedule must be approved by the President prior to any observed holidays.
F. When a holiday falls during a week in which an employee is taking FMLA leave for the entire week, the entire week is counted toward the employee’s FMLA entitlement. However, if the employee is also using accrued paid leave during FMLA leave, the employee will not be charged accrued leave on the holiday. If the College closes for an extended holiday lasting a week or more while an employee is taking FMLA leave, the extended holiday does not count against the employee’s FMLA leave entitlement.
Legal Citation: 1C SBCCC 200.94(a)(d)
Adopted: May 8, 2019
College classes that are missed or not held for any reason, including inclement weather, natural disasters or other emergencies, should be rescheduled or the instruction should be made-up by some other alternative. Alternatives include: extra class sessions, extended class sessions, individual conferences or others approved by the Vice President of Instruction.
The Vice President of Instruction will schedule make-up days whenever the College is closed beyond four (4) days/evenings due to inclement weather, natural disasters or other emergencies. Instructors will be responsible for making-up instruction by an approved alternative for the first four (4) days.
Instructors who miss class because of educational leave, College business, illness, or other personal emergencies shall make arrangements for class instruction with their appropriate supervisor. Instruction should be made up by an approved alternative.
Instruction made-up by an approved alternative for reasons of inclement weather, natural disasters, or other emergencies, illness, personal emergency leave, or educational leave assignments, must be approved by the Vice President of Instruction (or designee) and documented on the instructors’ Class Attendance Report to be turned in at the end of the term. Instruction should be made up at a time convenient to the majority of students. No punitive action may be taken against students who are unable to attend make up sessions for legitimate reasons. Students enrolled in dual-enrollment/innovative high school programs shall be excused from classes and offered appropriate alternative assignments when public schools are not in session.
All Continuing Education classes will be rescheduled and documented on the Class Attendance Report. Classes should be made up when convenient to the majority of students. There are no approved alternative methods to make up Continuing Education classes.
Adopted: May 8, 2019
