MCC Techtrail

3.03.09 – Policy – Human Resources Reduction in Force – Involuntary Leave Without Pay

I. POLICY STATEMENT

The College may terminate employment or may require any employee or class of employees to take involuntary leave without pay at any time because of: 1) a financial exigency; or 2) a program change for institutional reasons.

II. DEFINITIONS

A. Employee means full-time and part-time employees.

B. Financial Exigency means any decrease in the College’s financial resources that are brought about by decrease in enrollment, decrease in funding from any source (federal, state, local, institutional, etc.) or by other action or events requiring the immediate expenditure or diversion of College resources that prevent or inhibit the
College’s ability to continue the employment or level of the employee’s compensation or a class of employees and cause a need for reduction in force and/or involuntary leave without pay.

C. Impermissible Grounds means the use of the employee’s race, religion, color, national origin, sex, gender, age, disability, genetic information, political affiliation, or status as a covered veteran in accordance with all applicable federal, state and local laws; or if the decision is otherwise a violation of state or federal law.

D. Involuntary Leave without Pay means a period of mandatory separation from work during which an employee may not take or use any form of paid leave. All state mandated benefits shall continue to accrue during any period of leave without pay.

E. Program Change means any elimination, curtailment or reorganization of an educational offering or support department which may or may not be related to a financial exigency.

F. Reduction in Force means the termination of employment as a result of financial exigency or program change.

III. INVOLUNTARY LEAVE WITHOUT PAY/REDUCTION IN FORCE

A. General Criteria for the President’s Decision

All decisions made under this Policy will take into consideration the needs of the population being served with respect to the College’s mission and goals while attempting to minimize the level of impact and quality of services provided. Responsibility will rest with the President working collaboratively with senior level administrators to determine the employee(s) affected by involuntary leave without pay or reduction in force based on recommendations from Vice Presidents, department heads and/or other management personnel associated with the departments where proposed actions will be implemented.

Further, the President will consider relevant factors when considering a reduction in force or, if applicable, involuntary leave without pay, which may include, but are not limited to:

1. Written recommendations regarding staffing needs from supervisors;
2. Specific and overall program enrollment history and needs;
3. Source of available funds and applicable restrictions;
4. Other beneficial service by an employee to the College;
5. Length of service in the North Carolina Community College System with a
higher priority being given to the length of service for the College; and
6. Employee performance evaluations.

These factors are not listed in any particular order or priority.

B. President’s Decision and Notice to Affected Employees

Once the President makes his/her decision, s/he shall give written notice of termination and/or involuntary leave without pay to each affected employee. The written notice will be given as soon as practicable, and in any event, no less than ten (10) business days prior to the effective date of termination and no less than five (5) business days prior to a period of involuntary leave without pay. The written notice shall include: 1) a statement of condition requiring termination and/or involuntary leave without pay; 2) a general description of the procedures followed in making the decision; and 3) a copy of this Policy. The President shall also send a copy of the notice to the Chair of the Board of Trustees (“Chair”).

C. Request for an Appeal

An employee may appeal the President’s decision to impose a reduction in force or involuntary leave without pay to the Board of Trustees pursuant to Policy 3.3.6; however, the Board of Trustees will only hear and consider an employee’s appeal if the employee is alleging that the non-renewal is based on Impermissible Grounds.
The decision to reduce in force or to place an employee on leave without pay shall not be tolled pending the appeal.

IV. EXCLUSIVE REMEDY

The rights and remedies set forth herein constitute the sole and exclusive process in the event of a termination by reduction in force or involuntary leave without pay. No other personnel action or grievance may be asserted or considered under this Policy.

Adopted: June 12, 2019