Employee Leave Policy

General Leave Provisions

Each full-time, or permanent part-time employee must submit a signed Monthly Leave Form to their  immediate supervisor that reflects all leave taken during the month. The supervisor will verify accuracy,  sign and submit the form to the Payroll Accountant for processing. Forms are due to the Payroll  Accountant by the end of the 5^th day of the next month, or first thing in the morning on the next working  day if the 5th day falls on the weekend or on a holiday. Payroll due dates may be subject to change  based on the monthly payroll schedule defined by the North Carolina Community College System Office. 

For each leave period requested, leave shall be charged initially in no less than one-half hour, and in  tenths of an hour increments thereafter. Only scheduled work hours shall be charged in calculating the  amount of leave taken. Non-exempt employees cannot use leave in the same week comp time is  earned. 

It is the responsibility of the College Payroll Accountant to maintain leave records for each  employee. The College shall credit and balance each employee’s accrued leave record monthly. The  employee will be notified of leave balances monthly via the monthly pay advice. Leave information on the  monthly pay advice is generally one month behind due to the reporting schedule.

The College must retain employee leave records for a period of at least three years from the date of  separation from employment. 

Employment Status While on Leave 

While exhausting paid leave, the employee: 

1. Is considered to be actively employed. 
2. Continues to accrue leave. 
3. Is eligible to take leave. 
4. Is entitled to holidays. 
5. Is eligible for salary increases during that period. 
6. Is entitled to retain any unused leave.  (Note: Eligibility to accumulate leave ceases on the date  leave without pay begins.) 
7. Is not considered to be working, unless otherwise noted in the specific leave procedures.  Therefore, hours paid as leave will not be included in the calculation for total hours worked in a  week for the purposes of determining eligibility for the accrual of comp time. 

While out on approved unpaid leave, the employee: 

1. Is considered to be employee of the College. 
2. Will not continue to accrue paid leave unless they have been in a paid status for at least half the  working days of the month. 
3. Will be entitled to holiday pay if they have been in a paid status for at least half of the available  working days in the month in which the holiday falls. 
4. Will be eligible for salary increases granted during the period of unpaid leave upon return to work  in a position otherwise subject to the raise provisions. 
5. Is not considered to be working, therefore not eligible for the accrual of comp time. 

Compensatory Leave 

All non-exempt employees of the College will receive compensatory leave (comp time) in lieu of overtime  pay for all hours actually worked over 40 in a workweek. Compensatory leave will be earned at a rate of  one and a half (1.5) times the number of hours or partial hours worked over 40 in the  workweek. Compensatory leave will also be earned at straight time (one times) the number of hours or  partial hours worked over the scheduled work hours in a week with less than 40 scheduled hours; for  example, during the summer schedule or in weeks with paid holidays. 

The College President may identify specific situations when the payment of overtime in lieu of  compensatory leave better addresses College needs. 

Earned compensatory leave must be used within six (6) months of accrual or be paid out. Therefore,  compensatory time must be used before any other form of accrued paid leave. Employees cannot earn  comp time and use paid leave in the same week, except for Holiday pay. 

Non-exempt employees may accrue up to 40 hours of compensatory leave. Accrued comp time for non exempt employees will be reported to Payroll via the timesheet, and requires both the supervisor and  departmental vice-president signature prior to submission. Payroll will track comp time accumulation and  usage the same as other paid leave. Supervisors should keep track of available accrued comp time to best  manage ensuring that employee balances do not exceed the maximum accrual indicated above.  

When an employee works overtime that would put the accrued comp time balance over 40, the amount  over 40 shall be paid out as overtime pay in the next available monthly payroll. When Payroll determines  that overtime has to be paid, they must pay it and inform both the employee’s direct supervisor as well as  the chain of command up to the employee’s departmental vice president. 

Unused accrued compensatory leave must be paid out upon separation of employment, regardless of  reason. The rate of the payout will be at the higher of the current rate of pay or the rate in force at the time  of the accrual.

Exempt employees are not eligible for the accumulation of compensatory time or overtime pay. Nothing in  this policy would prohibit a supervisor from granting permission for an exempt employee to flex the work  schedule occasionally to accommodate College and personal scheduling needs, provided such  consideration does not reduce service delivery or otherwise impede business operations. 

Actual hours worked are only those hours within a defined seven-day workweek in which an employee is  physically present for work. It does not include hours paid as non-work time to include but not be limited to  compensatory time, educational leave, emergency closure, civil leave (except if representing the College  interests as indicated in the Civil leave procedures), personal leave, military leave, bereavement leave,  FMLA leave, shared leave, vacation, sick, paid holiday or any other time paid for which the employee is not  actually working. 

The College’s defined seven-day workweek is 12am Sunday through 11:59 pm on Saturday. 

Definition of Terms: 

Non-exempt employees are those whose positions are subject to the overtime provision of the Fair Labor  Standards Act as defined by the Act. Exempt employees are those who are exempt from overtime  provisions of the Fair Labor Standards Act. 

Holiday Leave 

Carteret Community College shall observe holidays, with pay in accordance with applicable State Law  and OSHR policy as set forth by the State Board Community College Code.  

As such, the following 12 days shall be considered as paid holidays for all permanent full-time and part time employees who are eligible to earn annual leave: 

• Martin Luther King, Jr.’s Birthday 
• Good Friday 
• Memorial Day 
• Independence Day 
• Labor Day 
• Thanksgiving (2 days) 
• Christmas/New Year’s (5 days) 

Annually, the Vice President for Instruction and Student Support, in collaboration with the Vice President  for Corporate and Community Education and the College Calendar Committee will present to the President  a proposed calendar for approval, which will include the days designated as paid holidays noted in  blue. Designated paid holidays are considered non-instructional days, therefore paid days off for  permanent faculty. 

Once the President has approved the annual calendar, HR will publish an annual list of approved paid  holidays. The list will be distributed via email and be available through SharePoint. The list of available  holidays will be available by December 15^th for the upcoming calendar year. 

The College will provide pay for the designated holiday as indicated on the calendar to eligible employees  and permanent faculty who are: 

A. In a paid status through the day on which the holiday is scheduled, or 

B. On a leave of absences without pay, but were in a paid status for half or more of the workdays in the  month. 

Full-time permanent employees will be paid the equivalent of an eight (8) hour workday for the designated  paid holiday. Eligible part-time permanent employees will be paid a prorated amount based on the  percentage of their weekly hours related to a full 40-hour work week. For example, a part-time employee  whose normal work schedule is 30 hours per week, has a schedule that is 75% of a full-time schedule. 

Therefore, they would receive 75% of a full day’s wages, or the equivalent of 6 hours of pay for the  designated holiday.  

Days paid as holiday are not considered work days and will not be included in the calculation for total hours  worked in a week for the purposes of determining eligibility for the accrual of comp time. 

Observance of other days of personal significance (other religious or cultural holidays): 

The College recognizes that there are many other days of personal significance to individuals and groups.  Employees wishing to observe additional days of personal significance by taking time off should request  the use of accrued and available comp time or personal, bonus or vacation leave. These requests must be  made in writing to the direct supervisor at least two (2) weeks in advance of the date requested for leave.  Supervisors are encouraged to make every reasonable effort to accommodate the request for time off  related to a personal day of observance. Exceptions may be made if there is a demonstrated hardship on  College/Departmental operations. If a timely request for a personal day of observance needs to be denied  due to an operational hardship, the supervisor should consult with departmental leadership and the Human  Resources Director. Denials must be made in writing within 48 hours of receipt to the employee and include  specific reasons for the denial. 

Vacation Leave 

Permanent staff and Academic Deans of the College are eligible to accrue vacation leave based on  length of creditable state service according to the following schedule: 

Years of Creditable Service	Hours Per Month	Hours Per Year	Days Per Year
Less than 5 years	9.33	112	14
5 years but less than 10	11.33	136	17
10 years but less than 15	13.33	160	20
15 years but less than 20	15.33	184	23
20 years or more	17.33	208	26

Permanent employees who are regularly scheduled to work less than 40 hours per week shall receive a  prorated monthly accrual based on the scheduled portion of a 40-hour workweek. 

Creditable State Service is determined based on the College’s Total Creditable State Service Policy  (2.1.8), and in compliance with State Board Code of Community Colleges. 

Eligible employees accrue leave on a monthly basis for each month in which they are working or are in a  paid status for at least one-half of the scheduled workdays of the month. Employees who are in a paid  status less than one-half of the scheduled workdays of the month will not earn leave for the  month. Employees working or using accumulate paid leave (vacation, sick, personal, bonus, holiday or  comp time) are considered to be in a paid status. 

In lieu of vacation leave, instructional faculty and academic department chairs classified as permanent  receive leave with pay on non-instructional days, as noted on the academic calendar in yellow. 

Transfer of Leave from Prior State Service 

Vacation eligible new employees who are immediately transferring to the College from another State  college/university or other State agency from whom service credit is accepted, upon request may transfer  up to 80 hours of unused vacation leave from their prior agency or college. To be eligible for transfer, the  new employee must request that the College accept the transferred leave and must provide a letter from  the prior college or agency that indicates they have the hours to transfer in and that the prior entity did not  pay those hours out to the employee upon separation. The list of acceptable State agencies is  determined by the College’s Total Creditable State Service Policy (2.1.8) as set forth in the State Board  Code of Community Colleges. 

Scheduling Vacation Leave 

Vacation leave must be approved by the immediate supervisor. Although approval of the use of vacation  leave is discretionary, employee preferences should be considered and leave granted if the employee  has sufficient accrued vacation leave and granting the leave will not unduly interfere with department  service delivery. Employees should request vacation leave of their supervisor at least one week prior to  the intended time-off. Supervisors, at their discretion may grant leave requested with less notice  depending on the employee’s circumstances and the business needs of the department. 

Vacation leave requests that are not for the purposes of sick leave and that are for longer than two  consecutive weeks must be requested at least one month ahead of time and will require consultation with  Human Resources, the departmental vice president and the College President.  

Note: Employees who are considered non-exempt from overtime provisions must use available comp time  prior to using vacation leave. 

Accumulation/Conversion of Vacation Leave 

On June 30, an employee’s accumulated vacation leave in excess of 240 hours will be converted  automatically to sick leave. 

Leave Without Pay Options 

All accrued vacation leave must be used before going on leave without pay when leave is for reasons  other than military, worker’s comp, or due to qualification for short-term disability. 

Payment of Vacation Leave at Separation of Employment 

Lump sum payment for vacation leave is made only at the time of separation. An employee shall be paid  in a lump sum for accumulated vacation leave not to exceed a maximum of 240 hours when separated  from employment with the College. Only employees going into retirement on July 1 will have vacation  leave hours in excess of 240 hours rolled into their sick leave account for use in retirement calculations.  Employees retiring on disability retirement may exhaust vacation leave rather than be paid in a lump sum 

If an employee’s leave account is overdrawn upon separation, no less than one-half hour and in tenths of  an hour afterward for any part of an hour overdrawn, will be deducted from the final check. 

If an employee is leaving the College for another College or State agency who has agreed to accept a  transfer of vacation leave, the employee must provide written notice from the hiring entity to HR. The  notice must include the specific number of hours they agree to accept on transfer. 

If an employee is separated from employment with the College due to death, the unused balance of  vacation leave, up to the maximum of 240 hours shall be included in the employee’s final paycheck and  will be paid via the current direct deposit on record with Payroll. If the employee does not have a direct  deposit setup, then the check will be made payable to the employee’s estate. 

Sick Leave 

WHO IS ELIGIBLE AND AMOUNT EARNED 

Permanent employees of the College are eligible to accrue sick leave. Permanent employees who are  regularly schedule to work 40 hours per week are eligible to accrue eight (8) hours of sick leave each month.  Permanent employees who are regularly scheduled to work less than 40 hours per week shall are eligible  to receive a prorated amount each month.  

Eligible employees accrue leave on a monthly basis for each month in which they are working or are in a  paid status for at least one-half of the scheduled workdays of the month. Employees who are in a paid  status less than one-half of the scheduled workdays of the month will not earn leave for the  month. Employees working or using accumulate paid leave (vacation, sick, personal, bonus, holiday or  comp time) are considered to be in a paid status. 

Transfer/Reinstatement of Sick Leave

A newly hired eligible employee who is transferring from or who has previously served with another State  college/university or State agency from whom service credit is accepted shall be credited with any sick leave  which they had at the termination of employment with the prior institution or agency. The prior service must  have been within the last five (5) years for the sick leave balance to be transferable. The list of acceptable  State agencies is determined by the College’s Total Creditable State Service Policy (2.1.8) as set forth in  the State Board Code of Community Colleges. 

The newly hired employee will need to have the previous agency complete a College Prior State Service  Verification Form, which can be found on the College’s HR SharePoint Site. The completed form should  be returned to HR for proper entry into the College payroll system. 

USES OF SICK LEAVE 

Sick leave shall be used for illness or injury which prevents an employee from performing assigned  duties, or in the case of contagion that puts other employees at risk. Sick leave may be used only as  follows: 

1. Medical appointments for an employee or member(s) of the employee’s immediate family.
2. Illness or injury of an employee or member(s) of the employee’s immediate family. 
3. Death of a member of the employee’s immediate family. 
4. Disabilities resulting from pregnancy shall, for sick leave purposes, be treated the same as any  other temporary disability suffered by an employee. Since there is no certainty as to when disability  actually begins and ends, a doctor’s certificate shall be required verifying the employee’s period of  actual disability. 
5. When an employee has exhausted all other forms of accrued paid leave and they have an urgent  non-medical matter that cannot reasonably be scheduled outside of the employee’s assigned work  schedule the employee’s supervisor, may approve the use of up to 24 hours of accrued sick leave per  year for such a situation. 
6. Voluntary shared leave donations per Voluntary Shared Leave donor procedures outlined below. 7. Up to 30 days of sick leave may be used for activities directly related to adopting a child within 60  days prior to or immediately following adoption. 

Requesting Sick Leave and Notification to Supervisor 

For unplanned short-term sick leave events (for example, you woke up with the flu), the employee is to call  his/her direct supervisor every day at the beginning of the employee’s normal workday. 

For planned sick leave events, (for example, a scheduled doctor’s appointment), the employee must receive  approval by the immediate supervisor.  

Note: Employees who are considered non-exempt from overtime provisions must use available accrued  comp time prior to using sick leave. 

For long-term sick leave events, generally more than five days, which can be covered with paid sick leave,  it is the employee’s responsibility to apply in writing to his/her supervisor indicating the anticipated length  of time needed and an approximate date of return. All such requests must be forwarded to the Human  Resources Office so that FMLA communication and record keeping can be done. The employee is  obligated to return to duty within or at the end of the time determined appropriate. If the employee is unable  to return to work, they will notify their College supervisor and Human Resources as soon as is  practical. Failure to report at the expiration of a leave of absence, unless an extension has been requested,  may be considered a resignation 

Sick Leave and Other Leave Procedures 

For medically related absences that go beyond three days, employees should also read carefully the  sections in this procedure regarding Family Medical Leave Act (FMLA), leave without pay, or shared leave, as they may run concurrently and there may be additional provisions that apply. 

Verification of Sick Leave

When an employee frequently requests unplanned sick leave, or there are other reasons to believe that the  employee may not be using sick leave as intended, the employee’s supervisor may require a statement  from a medical doctor or other acceptable proof that the employee was unable to work due to personal  illness, family illness, medical appointments or death in the family. Supervisors should consult with the  Human Resources Director before making such a request to ensure compliance with requirements of the  Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and other related statutes and  provisions.  

Separation and Sick Leave  

Sick leave is not paid out when an employee separates from service with the College, nor can payment of  sick leave be used to extend employment. It may be exhausted prior to disability retirement and under  approved FMLA. If an employee separates and is overdrawn on leave, it will be necessary to make  deductions from the final salary check. It will be deducted in tenth-of-an-hour units. The unused sick leave  balance at time of separation from employment with the College is retained in the College information  system for five years, to be transferred or reinstated should the employee return to College or other State  service where such leave is transferable. 

Retirement Credit 

Current state law allows unused sick leave is to be converted to service credit for retirement with the North  Carolina Teachers and State Employees’ Retirement System (TSERS), if retiring within five years of leaving  qualified State service, including the College. For more information, employees should consult the TSERS  Handbook. 

Definition of Terms: 

For the purpose of the sick leave portion of this policy, immediate family is defined as spouse, parent, child,  sibling, grandparent, grandchild (including step, half, and in-law relationships). Also included are others  living in the employee’s household where the employee is the primary caregiver. Employees exercising this  provision may be required to submit proof of residency. 

Personal Leave 

Permanent employees working 30 or more hours per week for at least nine months per year are eligible for  up to 12 hours of paid personal leave time per fiscal year. The amount of leave granted will be determined  by the number of hours regularly scheduled per week in conjunction with the number of months scheduled to work per year, as set forth below. 

At the beginning of each fiscal year (July 1^st each year), or at time of hire, employees will receive the  equivalent of one hour for every month of the fiscal year for which the employee is regularly scheduled to  work. For example, an employee scheduled to work ten months per year would receive ten hours of  personal leave on July 1^st, to be used by June 30^th. Personal leave is non-accruing from one fiscal year  to the next and must be used in the year granted. 

Leave time will be prorated for eligible employees who are scheduled for at least 30 hours per week, but  less than 40 and for employees who start after the first of the year. 

Personal leave may be used for any reason with prior Supervisor approval. 

Supervisors are responsible for establishing with their teams the lead-time required for approval and the  method of prior approval required – either written or verbal. 

Personal Leave cannot be used on days scheduled for Professional Development, Convocation, or  Graduation. 

Note: Employees who are considered non-exempt from overtime provisions must use available comp time  prior to using personal leave. 

Personal Leave does not roll over from one year to the next and is not transferrable to other employees.

Bereavement Leave 

In recognition of the difficulties associated with the death of immediate family members, Carteret  Community College will make paid bereavement leave available for employees. Permanent employees will  be allowed up to a maximum of three consecutive, non-accruing workdays with pay. Employees may elect  to use accrued comp time, or sick, annual, personal, or bonus leave for bereavement needs exceeding  three consecutive workdays. Appropriate documentation shall be provided by the employee to Human  Resources for personnel and payroll records. 

Definition of Terms:  

Immediate family members are defined as spouse, children, grandchildren, father, mother, foster parent,  legal guardian, sister, brother, grandparents, as well as the same step and in-law relationships. 

Civil Leave 

It is the employee’s responsibility to notify their supervisor in a timely manner of the need for such leave as  outlined below and the expected duration of such duty or time. Official written documentation to support  such leave shall be collected and submitted to Human Resources for personnel and payroll records.  

Employees shall notify their supervisor as soon as practical after receiving notice of either a summons or  subpoena necessitating the need for civil leave. Notification must be prior to the leave occurrence. Paid  leave will not be granted if advanced notice was not provided, unless there is sufficient documentation of  circumstances to indicate that advanced notice was not reasonably possible. 

Benefits are as follows: 

Jury Duty 

• An employee summoned for jury duty during their regular work hours is entitled to leave with pay at  their regular rate of compensation. Additionally, the employee may retain fees received from the  court for jury duty. 
•  The employee will report back to work as soon as possible after jury duty is completed with official  notification of attendance from the court. 
• If jury duty occurs on a scheduled day off, the employee is not entitled to additional pay or time off. • If the employee works a night schedule, the employee shall not be required to work the day the jury  service occurs. 
• Time paid for jury duty service is not considered work time and does not count for the purposes of  calculating hours worked for the week to determine eligibility for the accrual of comp time. 

Court Attendances 

When an employee attends court in connection with official duties of the College, or when such  attendance is with an agency or organization considered an extension of College work for community or  public service purposes, no leave is required. Fees received as a witness while serving in these  circumstances shall be turned in to the College. Time spent in court on behalf of the College is  considered work time and will be included in the calculation for total hours worked in a week for the  purposes of determining eligibility for the accrual of comp time. 

When an employee is subpoenaed or directed by proper authority to appear as a witness unrelated to  College business, civil leave with pay shall be granted at the employee’s regular rate of pay. Any fees  received up to the amount paid by the College shall be turned in to the College. If the employee chooses  to use vacation leave rather than take civil leave with pay, they may retain any fees received. Time spent  in court unrelated to College business is not considered work time. Therefore, hours paid as civil leave  for this reason will not be included in the calculation of total hours worked for the week for the purposes of  determining eligibility for the accrual of comp time.  

When a night employee is required to appear in court as set out above, they will not be required to work  on the day that duty occurs.

An employee who is a party (plaintiff or defendant) in a court proceeding unrelated to work at the College,  is not eligible for civil leave and must use appropriate paid leave, or if no paid leave is available take  leave without pay, for the time away from work. Time spent in court as a party to the proceedings  unrelated to College duties is not considered to be time worked. Therefore, hours paid by use of other  appropriate leave will not be included in the calculation for total hours worked in a week for the purposes  of determining eligibility for the accrual of comp time. 

For faculty, when the required time in court for any reason above occurs on scheduled instructional or  other work days, the faculty member must coordinate through the departmental chair, dean and the vice  president of instruction and student support to ensure that classes are appropriately covered. 

Educational Leave 

Employees may request leave from their normal work duties for an extended period of time for the purposes  of furthering their education. Leave can be requested for up to six months. Approved requests for  educational leave shall require the employee to use all accrued paid leave available except for sick leave.  Once paid leave is exhausted, the remainder of the approved time shall be unpaid. 

Requests for Educational Leave 

1. The employee must submit a written request to their immediate supervisor at least six  months before the leave is to begin. 
2. The request should include the proposed beginning and ending dates of the leave and a  narrative describing how the request will serve the interests of the College. 
3. The supervisor may request additional information to assist in verifying the extent to  which it is directly related to the employee’s current position or reasonable future possible  positions with the College. 

Evaluation of the Request 

1. The supervisor bears responsibility for initial evaluation of the request to determine  operational feasibility of the requested leave. The supervisor may consult with Human  Resources or other personnel who can assist in evaluating the employee’s performance record  to determine appropriateness for such leave, whether paid or unpaid. 
2. The supervisor shall make a recommendation to their next level supervisor. The  appropriate Vice President shall make the recommendation to the President for final approval or  denial. 
3. The President in conjunction with the Human Resources Director will ensure that  approved leave is approved in writing along with a contract letter outlining the terms of the  agreement – paid/unpaid; provisions for benefit continuation; provisions for breach of contract,  etc. 

Employee’s Responsibility 

1.  An employee granted educational leave will be required to honor the terms of a signed  contract letter in order to return to employment once the contract period has ended. 
2. If the employee is in an unpaid status for any portion of the leave, it will be the  employee’s responsibility to make any necessary benefit premium payments as outlined in the  approving agreement. 

Military Leave 

Permanent employees of the College who are routinely scheduled to work at least 30 hours per week for  at least 9 months of the year are eligible for paid military leave as outline below. 

Requesting Leave

Generally, employees requesting leave with or without pay under provisions of this policy shall notify their  Supervisor and Human Resources at least 30 days in advance of the need for leave, or as soon as notified  if given less than 30 days’ notice. Any verbal request for leave shall be followed-up with appropriate  documentation to support the official request for such leave under these procedures. Failure to provide official documentation in support of such leave shall result in forfeiture of benefits or repayment of granted  benefits if benefits were provided pending receipt of requested documentation. 

The procedures that follow are presented in six different sections to differentiate between the benefits  applicable to the different types of leave. The sixth section covers reinstatement provisions. 

1. Active Duty Training and Inactive Duty Training 

Leave with pay, up to a maximum of 120 hours each Federal fiscal year (Oct.-Sept.) [pro-rated  for employees who are regularly scheduled to work less than 30 hours per week] shall be  granted to members of the uniformed services for: 

• active duty for training (annual training or special schools, including an  authorized training program for the National Disaster Medical System)
• inactive duty training (drills - usually on weekends) 

Additional military leave needed for training shall be charged to vacation/ bonus leave or leave  without pay at the discretion of the employee. Employees who have accrued comp time must  use this before going into a period of leave without pay or using other desired leave. 

When a military obligation is less than 31 days an employee is authorized eight (8) hours  recoup time before and after performance of military duties or military training. This time may  also be charged to the 120 hours leave with pay, leave without pay or vacation/bonus leave.  Example: An employee may be scheduled on a Friday, to take a convoy to a specific site. If  significant travel is required, the employee may need to be released early on the day before  training in order to accommodate the request for travel and reasonable rest. The employee is  to return at the beginning of the next regularly scheduled work period on the first full day after  release from service, considering safe travel home plus an 8-hour rest period. 

2. Physical Examination 

Leave with pay shall be granted for a required physical examination relating to membership in  the uniformed services; subject to the 120-hour maximum per Federal fiscal year. 

3. Reserve Active Duty 

When ordered to State or Federal active duty, or as an intermittent disaster-response appointee  upon activation of the National Disaster Medical System, the following shall apply for each  period of involuntary service: 

1. Members shall receive up to thirty (30) days of pay based on the employee’s  current salary, including any across-the-board pay increases effective during a period of  such pay.  
2. After the thirty-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 lessor. The employee shall  provide the College with written notice of applicable service as well as appropriate  earnings statements to document the eligibility for differential pay. (Effective, July 1,  2009, differential pay meets the statutory definition of “compensation” for retirement  purposes. Thus, retirement contributions must be reported to the Retirement System on  differential pay.) 
3. National Guard members shall receive up to one day of pay, when attending specials Guard activities as authorized by the Governor or authorized representative
4. During the period of reserve active duty, regardless of pay status, the employee  shall receive total creditable state service credit as if continuously employed. 
5. If eligible, the employee shall continue to be paid longevity payments during the  period of reserve active duty. 
6. The employee shall continue to accumulate sick and vacation leave. If the  employee does not return to College employment, vacation leave earned while or  reserves active duty, as well as previous balance not used or paid out shall be paid out  according to provisions of the College’s Vacation Leave Procedures. Sick leave shall be  retained per provisions of the Sick Leave Procedures. 
7. The employee shall receive retirement service credit for periods of service  authorized in the Retirement System statute. (See Retirement System Handbook for  further details.) 
8. When on State duty, the College continues to pay for health insurance coverage  for members of the National Guard under the same terms as if continuously  employed. When on Federal active duty, the College will pay for coverage under the  same conditions as if continuously employed in the State Health Plan for at least 30 days  from the date of active service pursuant to the orders, or to the end of the following month  if the 30-day period occurs in the middle of a month. 

4. Extended Active Duty and Other Military Leave without Pay 

Military leave without pay shall be granted for all uniformed service duty that is not covered by  military leave with pay defined in Sections 1-3. Among the reasons are: 

1.  Initial active duty for training (voluntary initial enlistment); 
2. Extended active duty (voluntary) for a period not to exceed five years plus any  additional service imposed by law; (see Advisory Note on next page) 
3.  Full time National Guard duty (usually a voluntary 3-year contract); 
4. While awaiting entry into active duty, such period as may be reasonable to  enable the employee to address personal matters prior to such extended active duty. 
5. The period immediately following eligible period(s), as defined under the  “Reinstatement” section of this policy, while reinstatement with the College is pending,  provided the employee applies for such reinstatement within the time limits defined. 
6. Employees hospitalized for, or convalescing from, an injury or illness incurred in,  or aggravated during the performance of extended active duty, except that such period  shall not exceed two years beyond their release from extended active duty under  honorable conditions. Also, the employee shall be entitled to leave without pay for the  period from the time of release by the physician until actually reinstated to College  employment, provided the employee applies for such reinstatement within the time limits  defined. 
7.  Duties resulting from disciplinary action imposed by military authorities; 
8.  Inactive duty training (drills) performed for the convenience of the member, such  as equivalent training, split unit assemblies, make-up drills, etc. 
9. The College shall not be required to grant leave for volunteer activities such as  those to work at the military facility in a non-duty status, unofficial military activities, etc.
10. Prior to going on LWOP, the employee may choose to have accumulated  vacation or bonus leave paid in a lump sum (maximum of 240 hours of vacation leave),  exhausted, or retained until returning to work. Sick leave shall be retained. 
11. During periods of military leave without pay, the employee shall continue to earn  total state creditable service if reinstated within the limits outlined in the Reinstatement  section. 
12. If eligible, a prorated longevity payment will be made at the time LWOP  starts. The balance will be paid when the employee returns and completes the year of  service that was prorated. The next full installment of longevity will be paid on the date  established prior to military leave without pay, as if the employee had never been  absent. 
13. The employee will not accumulate vacation or sick leave while on military leave  without pay. 
14.  The employee will receive retirement service credit as authorized in the  Retirement System statute. (See the Retirement System Handbook for further details.) 
15.  The College will pay for coverage under the same conditions as if continuously  employed in the State Health Plan for at least 30 days from the date of active service  pursuant to the orders, or while the employee exhausts leave benefits, or to the end of  the following month if the 30-day period occurs in the middle of a month. 

5. Civil Air Patrol and State Defense Militia 

Civil Air Patrol: While the Civil Air Patrol is not a reserve component, it is an auxiliary to the Air Force. Its  members are not subject to obligatory service. 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, Department of Crime Control and Public Safety, its members are entitled to military leave with  pay not to exceed 120 hours (prorated for part-time employees) in any calendar year. Exceptions may be  granted by the Governor. Such service may be verified by the Secretary of the Department of CCPS upon  request by the College. Regularly scheduled unit training assemblies, usually occurring on weekends are  not acceptable for military leave, however, Supervisors are encouraged to arrange work schedules to allow  employees to attend this training. 

State Defense Militia: The State Defense Militia is considered a reserve to the National Guard, but it is not  a reserve component of the U. S. 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. Only under the following conditions  are State employees entitled to military leave with pay: 

• Infrequent special activities in the interest of the State, usually not exceeding one  day, when so ordered by the Governor or his authorized representative 
• State duty for missions related to disasters, search and rescue, etc., again, only  when ordered by the Governor or his authorized representative. 

Under these conditions, an employee may be granted military leave not to exceed 120 hours (prorated for  part-time employees) during any calendar year. 

Employees who are members of the State Defense Militia are not entitled to military leave with pay when  volunteering for support of functions or events sponsored by civic or social organizations even though such  support has been “authorized.”

Regularly scheduled unit training assemblies, usually occurring on weekends, are not acceptable for military  leave; however, supervisors are encouraged to arrange work schedules to allow the employee to attend  this training. 

Duty status may be verified with the Office of the Adjutant General, North Carolina National Guard, ATTN:  Vice Chief of Staff - State Operations (VCSOP). 

6. Reinstatement 

The College as required by Federal law shall provide the same treatment that would have been afforded  had the employee not left to perform uniformed service. (This includes temporary and intermittent  employees.) 

Reinstatement shall be made if the employee reports to work or applies for reinstatement within the  established time limits, unless the service was terminated by the occurrence of either of the following: a. A separation with a dishonorable or bad conduct discharge. 

b. A separation under other than honorable conditions, as characterized pursuant to  regulations prescribed by the Secretary of the applicable military branch. 

Employees who resign to enter military service without knowledge of their eligibility for leave  without pay and reinstatement benefits, but who are otherwise eligible, shall be reinstated as if  they had applied for this benefit. 

7. Time Limits 

The employee shall be responsible for returning, or making application for reinstatement, within the  time limits defined below. 

The time limit for submitting an application for reemployment or reporting back to work depends upon the  length of uniformed service. If reporting back or submitting an application for reemployment within the  specified periods is impossible or unreasonable through no fault of the employee, the employee must report  back or submit the application as soon as possible thereafter. The service duration and periods for returning  or applying for reemployment are as follows: 

•  less than 31 days, must return at the beginning of the next regularly scheduled  work period on the first full day after release from service, taking into account safe travel  home plus an 8-hour rest period; 
•  more than 30 days but less than 181 days, must submit a written or verbal  application for reemployment with the agency not later than 14 days after the completion  of the period of service; or, 
• more than 180 days, by submitting an application with the agency not later than  90 days after the completion of the period of service. 
• Service-connected injury or illness: Reporting or application deadlines are  extended for up to two years for persons who are hospitalized or convalescing.  

8. Reinstatement Position 

Reinstatement shall be to the position they would have likely achieved had they remained continuously  employed (escalator position); or, if the period of uniformed service was in excess of 90 days, their escalator position, or one of like seniority, status and pay. In the case of reemployment, such reemployment is to be  promptly effective. 

If, during military service, the employee suffers a disability incurred in, or aggravated during, uniformed  service, to the extent that the duties of the escalator position cannot be performed, the employee shall be reinstated to a position most nearly comparable to the escalator position, with duties compatible with the  disability and without loss of seniority. 

9. Reinstatement Salary 

The employee’s salary upon reinstatement shall be based on the salary rate applicable to the proper  escalator position, or rate appropriate for their position and service had they not been gone. In no case will  the reinstated employee’s salary be less than when placed in a military leave status. 

Definition of Terms: 

1. Employees shall include permanent full- and part-time employees. 
2. Eligible periods of service shall be the performance of duties on a voluntary or involuntary basis in  a uniformed service under competent authority and includes: active duty (extended active duty,  mobilization or call up of reserve components), active duty for training of reserve components (annual  training – usually 2 weeks or special schools), inactive duty for training (initial enlistment in reserve or  National Guard, drills – usually on weekends), full-time National Guard (usually a 3-year contract, a  period for which a person is absent to determine fitness to perform such duty, and service in or  training for the National Disaster Medical System. 
3. Uniformed Services includes Armed Forces & Reserve Components (Army, Air Force, Coast  Guard, Marine Corps, Navy, Army and Air National Guard), Commissioned Corps of the Public Health  Services, National Disaster Medical System intermittent disaster response appointees, and other  category of persons designated by the President in time of war or national emergency. Also included  are the Civil Air Patrol and State Defense Militia when providing services specifically authorized by  the Governor or authorized representative, and Federal Emergency Management Agency (FEMA)  reservists who deploy to major disaster sites. 
4. National Guard is a reserve of the U.S. Armed Forces. The N.C. Army and Air Force National  Guard respond to the Governor as Commander in Chief and serve as the military arm of State  government and respond to the President of the U.S in time of war. 

Leave Without Pay 

Leave without pay may be granted for illness, education purposes, vacation, or for any other reasons  deemed justified by supervision and approved by the President. 

Special provisions for leave without pay for military, family and medical, and workers’ compensation are  covered in these respective procedures.   

Eligible employees are those with permanent full-time or part-time (half-time or more) appointments.  Employees with temporary, intermittent, or part-time (less than half-time) appointments are not eligible. 

Maximum Amount 

Except for approved FMLA or Educational leave, extended leave without pay normally shall not exceed  three months. The decision to grant leave without pay and the amount of time granted, except for leave  required by the FMLA Policy or the Military Leave Policy, is an administrative one for which the President  must assume full responsibility. 

Employee Responsibility 

The employee shall: 

•  Make application for leave one month prior to date leave is to begin, or as soon as is  practical based on the circumstances.
• Must use all available leave as appropriate for the circumstances prior to entering a  period of unpaid leave. 
• Apply in writing to their direct supervisor, dean/director, departmental vice president and  Human Resources for leave without pay, and for any extension of such leave in process. 
•  Give written notice of intention to return to work at least 30 days prior to the end of the  leave.  
• Return to duty within or at the end of the time granted.  
• Notify the supervisor immediately when there is a decision not to return. 

If the employee does not give notice of the intention to return, the College is not required to  provide reinstatement but may do so if feasible.  Failure to report at the expiration of a leave,  unless an extension has been requested and approved, will be considered as a resignation. 

College Responsibility 

The employee’s request will be hand-carried through the chain-of-command by each level of supervision  to the President. Factors to consider in determining whether to grant leave without pay and the amount of  time to approve are: 

1. Needs of the employee requesting leave  
2. Workload and need for filling employee’s job.  
3. Chances of employee returning to duty. 
4. The obligation of the College to reinstate the employee to a position of like status and  pay. 

The President, or designee in Human Resources, will provide a written response to the employee’s request  with copies to the appropriate parties and his/her personnel file. It is the responsibility of the President to  administer leave without pay in a manner that is equitable to all eligible College employees. 

Leave Without Pay for Extended Illness May Be

Granted for:	For a period	Sick Leave	Vacation Leave
Employee illness (not covered by short-term disability or FMLA)	Up to three months.	must be exhausted before going into a period of unpaid leave.	must be exhausted before going into a period of unpaid leave.
Disability Income Plan (Short-term disability)	up to one year.  Any extension must be approved by the Retirement System Medical Board.	must be exhausted before going into a period of unpaid leave during the 60- day waiting period. Once disability becomes payable on the 61st day, the employee may choose to use leave or receive disability payments in lieu of using leave.	must be exhausted before going into a period of unpaid leave during the 60- day waiting period. Once disability becomes payable on the 61st day, the employee may choose to use leave or receive disability payments in lieu of using leave.
Family and Medical Leave	up to 12 workweeks (See FMLA Policy).	must be exhausted before going into a period of unpaid leave.	must be exhausted before going into a period of unpaid leave.

Advisory Notes 

Eligible employees who become temporarily or permanently disabled and are unable to perform their  regular work duties may receive partial replacement income through the Disability Income Plan of North  Carolina (DIPNC).  The DIPNC is governed by State law and is explained in the handbook, Your Retirement  Benefits, published by the Department of State Treasurer, Retirement Systems Division. Exhaustion of  sick or vacation leave during the short-term disability period is in lieu of short-term disability benefits that  may otherwise be payable. 

Use of Vacation Leave 

An employee must exhaust all accumulated vacation leave before going on leave without pay, unless  specified in policies related to the particular leave reasons, such as military leave. 

Use of Personal Leave 

An employee must exhaust all available personal leave before going on leave without pay. 

Use of Compensatory Leave 

Employees eligible to accrue compensatory leave must exhaust all available accrue time before going on  leave without pay.  

Health Insurance 

While on leave without pay the employee may continue coverage under the State’s Health Insurance  Program by paying the full premium cost (no contribution by the state). This provision is only necessary  when the employee is on leave without pay in excess of one-half of the workdays in the month. Please  refer to the FMLA section for an exception to this rule. 

Retirement Status 

All accumulated retirement credits earned prior to the unpaid leave shall be retained.  Service credit cannot  be earned for months in which the employee was not in a paid status for at least half the available working  days in the month.  

Reinstatement 

Every reasonable effort shall be made to reinstate the employee to the same position or one of like seniority,  status and pay upon the employee’s return to work. The College will also ensure that reinstatement  complies with applicable provisions of the FMLA, ADA and worker’s compensation laws. 

Separation While on Leave Without Pay 

If the employee does not return to work following approved leave without pay, the employee’s date of  separation will revert to the last day of actual work before the unpaid leave began, except as required by  the FMLA or other regulations.  

Filling A Position Vacant by Leave Without Pay 

If it is necessary to fill a position vacant by leave without pay, the position may be filled by a temporary  employee. This should be accomplished via the adjunct or non-instructional contract process as  appropriate. 

Special Provision for Parental Leave 

Employees who are not eligible for leave under the FMLA shall be granted leave during the period of the  biological mother’s disability  

The President shall grant leave without pay to the biological mother for all of the time of personal disability.   The biological mother must use accumulated sick, comp time, personal and vacation leave before going  into a period of leave without pay.

A doctor’s certificate or other acceptable proof shall be required verifying the employee’s period of  temporary disability. Additionally, medical documentation that provides a release to work with limitations or  accommodations as appropriate will be required before the employee is allowed to return to work. 

Paid Parental Leave Procedures 

Paid Parental Leave (PPL) is available to all eligible permanent full- and part-time employees of the College  who experience a qualifying event on or after July 1, 2023. 

Definitions: 

Qualifying Event: When the eligible employee becomes a parent via childbirth, foster care, or another legal  placement under the direction of a government authority of a child under the age of eighteen (18). 

Eligible Employee: An employee who at the time of the qualifying event meets the following conditions:

1. Is employed in a permanent position at the College, full- or part-time. Adjunct teaching faculty  and other part-time employees of the College are not eligible for PPL. 
2.  Has been employed by the State of North Carolina for the immediately preceding twelve (12)  months without a break in service. Periods of authorized leave without pay or periods of  worker’s compensation or short-term disability do not make the employee ineligible.   
3. Has been in a pay status with the State of North Carolina for at least 1,040 hours during the  previous 12-month period. 

Leave Available: 

Full-time employees: Eligible full-time employees may take, in their discretion, up to the following amounts  of leave: 

1.  Eight (8) weeks of paid leave after a parent gives birth to a child; or 
2. Fours (4) weeks of paid leave for any other qualifying event. 

Permanent part-time employees: Eligible permanent part-time employees may take, in their discretion, up  to the following amounts of leave: 

1. Four (4) weeks of paid leave after a parent gives birth to a child; or 
2. Two (2) weeks of paid leave after any other qualifying event. 

Each week of paid leave shall result in compensation at 100% of the eligible employee’s regular, straight time weekly pay, excluding stipends, bonuses or overtime pay. 

Use of Other Leave: 

•  PPL shall not be counted against or deducted from the employee’s sick, vacation, personal,  bonus, comp time, or other accrued leave. 
• PPL is in addition to any other paid leave authorized by law, Section, or policy.

Requesting Use of PPL 

1.  Eligible employees may take PPL in one continuous period of leave. Requests for intermittent  use are subject to College approval, and shall be arranged prior to the commencement of the  leave, except in emergent or unusual circumstances. College approval of intermittent use will be  determined in consultation among the requesting employee, their supervisor, HR and other  interested parties, if applicable. 
2.  Whenever possible, the employee shall request leave of their supervisor and College HR at least  10 weeks in advance of their intention to use PPL, or as soon as the need for such leave is  known, whichever is later. HR will require documentation that verifies the upcoming qualifying  event, for example a doctor’s note indicating anticipated birth, documentation from the agency of the pending placement of a child for foster care, or other documentation supporting the legal  placement of a child with the eligible employee. 
3. Absent unusual circumstances, the employee shall be required to comply with established  departmental and College leave request procedures. 
4. The College cannot deny, delay, or require intermittent use of PPL to employees who gave birth  and seek to use PPL in one continuous period. 
5. For all other employees, the College may delay providing PPL or may require intermittent use of  PPL if it determines that providing PPL to an eligible employee who did not give birth may  constitute a safety concern. A safety concern arises when 1) providing the leave would result in  staffing levels falling below those required by law to maintain operational safety, or that would  impact the health and safety of individuals the College is required to protect by law; and 2) the  College has been unable to secure supplemental staffing despite its diligent efforts to do so. If  leave must be delayed, PPL should be provided as soon as is practical following the qualifying  event. 
6.  If both parents are eligible employees, each may receive PPL. Both parents may take their leave  simultaneously or at different times, pending no safety concerns as described above. 
7. Once leave is approved, HR will notify the employee, their supervisor and Payroll. 

Leave Usage 

1.  PPL may be used only once for one qualifying event within a 12-month period. 
2. Multiple births, adoptions, or other legal placements do not increase the amount of PPL granted  for that event. 
3. Unused PPL is forfeited 12 months from the date of the qualifying event. 
4. PPL does not accrue and cannot be donated to another employee. 
5. Employees shall not be paid for unused PPL upon separation of employment from the College.
6.  Unused PPL shall not be used to calculate service credit for benefits or retirement purposes.
7.  PPL cannot be used prior to the date of the qualifying event. As such it cannot be used for leave  needed prior to the birth, or actual placement of a child for foster care, or before the effective date  of other legal placements of a child. 

For employees classified as exempt under FLSA overtime rules, approved PPL taken should be  reported on the Monthly Leave Statement as “Other Leave” with a note indicating that it is PPL. 

For employees classified as non-exempt under FLSA overtime rules, approved PPL taken should not be  included in the daily portion of the monthly timesheet, but must be noted in the “Other Leave” section of the  Non-Exempt Monthly Timesheet. Notation must include the specific dates leave was used and the specific  number of hours used each day. 

Family Medical Leave Act (FMLA) Leave 

The Family and Medical Leave Act (1993 as amended 2009) was established to help balance the demands  of the workplace with the needs of the family. This Act provides leave, paid or unpaid, and job protection  for eligible employees who utilize such leave under the following provisions: 

• For the birth of a child and to care for the newborn child within one year of the birth;  
• for the placement of a child with the employee for adoption or foster care within one year of the  placement;  
• for the care of a child, spouse or parent who has a serious health condition;  
• for the employee’s own serious health condition; 
• for families of covered service members for qualifying exigencies; or
• next-of-kin to care for covered service members 

Depending on the circumstances surrounding the need for leave, up to 12 or 26 weeks of leave, paid or  unpaid is available in a rolling 12-month period looking backwards. Time-off provided under the Act may  run concurrent with the use of other types of approved leave such as disability or worker’s compensation  leave, whether paid or unpaid. 

Covered Employees and Eligibility 

An employee is eligible for Family Medical Leave if: 

Status	Eligibility
Full-time Permanent, Probationary,  or Part-time (half-time or more) Permanent or Probationary	who has 12 months cumulative service with the College, including temporary service; and has been in pay status at least 1250 hours during the previous 12-months.
Temporary, Intermittent, or  Part-time (less than half time)   Note: This leave shall be without pay.	who has 12 months cumulative service; and has been in pay status at least 1250 hours during the previous 12 months.

Note: Employment periods prior to a break in service of seven years or more need not be counted in  determining whether the employee has been employed with the College for at least 12 months. Time spent  away in the National Guard or reserves counts as time worked to determine eligibility for FMLA.  

Note: Time is based on workdays not calendar days. 

A full listing of related definitions is available in the FMLA Manual found in the HR Office and on the HR  SharePoint Site. 

Procedures: 

The employee shall give at least 30 days-notice to the supervisor and Human Resources of the intention  to take leave under the FMLA, or as soon as the need is known or practical when the employee was not  aware of the need 30 days in advance. The notice must follow the department’s usual and customary call in procedures for reporting an absence. The employee must explain the reasons for the needed leave in  order to allow Human Resources to determine that the leave qualifies under the Act. 

If the reason for leave is foreseeable and is:	The employee shall:
For Birth/Adoption/Foster Care	give Human Resources not less than a 30-day notice, in writing. If the date of the birth or adoption requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable, which means within one or two business days of when the need for leave becomes known to the employee.
For Planned Medical Treatment	(1) make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations and (2) give not less than a 30-day notice. If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
Due to Covered Active Duty of Family Member	provide such notice as is reasonable and practicable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered duty.

Leave may be taken as continuous absence, or depending on the related circumstances on an intermittent  basis. 

Certification 

The employee shall provide certification of conditions precipitating the need for leave. If the employee does  not provide medical certification, any leave taken is not protected by FMLA. Failure to provide the required  certification or recertification may result in disciplinary action up to and including dismissal. 

The employee shall provide a copy of the health care provider’s certification within at least 15 calendar  days unless it is not practicable under the particular circumstances to do so despite the employee's diligent,  good faith efforts. When as employee is unable to provide documentation by the requested deadline, they  must inform HR of the reason for the delay as soon as known or by the end of business or the date indicated.  Failure to do so could result in denial of leave under the protection of the FMLA. 

Use of Leave During Approved FMLA 

Employees on approved FMLA leave are required to use available accrued comp time, personal, sick and  vacation leave before going into a period of unpaid leave. Once all accrued leave has been exhausted, the  employee will continue in a “leave without pay” status for the remainder of the approved FMLA period. Time  spent on unpaid leave will be deducted from the employee’s total service. 

Health Insurance 

Employees on approved FMLA leave will continue health insurance under the same terms and conditions  as if they were not on leave. Therefore, during paid portions of FMLA, employee benefit deductions will  continue to be payroll deducted. If the employee enters a period of unpaid leave, they will be responsible  for making a monthly payment one month ahead for the portion of the premiums they usually pay in order  to continue to coverage. Failure to provide timely payment could result in loss of coverage during the  unpaid portion of FMLA. 

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’s practice regarding such reports may not be discriminatory and must  take into account all of the relevant facts and circumstances related to the individual employee's leave  situation.  

If an employee gives unequivocal notice of intent not to return to work, the College’s obligations under  FMLA to maintain health benefits (subject to COBRA requirements) and to restore the employee cease.  However, these obligations continue if an employee indicates he or she may be unable to return to work  but expresses a continuing desire to do so.  

It may be necessary for an employee to take more or less leave than originally anticipated. An employee  may not be required to take more FMLA leave than necessary to resolve the circumstance that precipitated  the need for leave. In both of these situations, management may require that the employee provide the  agency reasonable notice (i.e., within two business days) of the changed circumstances where foreseeable.  The College may also obtain information on such changed circumstances through requested status  reports.  

Reinstatement 

Upon completion of the FMLA period the employee shall be reinstated to the same position held when the  leave began or one of like pay grade, pay, benefits, and other conditions of employment, provided they are  able to meet the essential functions of the position. When the leave was for the employee’s own medical condition, the College will require that the employee provide certification that they are able to perform the  essential functions of their position before being reinstated.  

The employee shall be reinstated without loss of benefits accrued when the leave began. Any unused  balances of accrued leave shall be reinstated if applicable. Eligibility for longevity, and changes in annual  leave accruals may be adjusted to reflect time on unpaid leave. If an unpaid period of FMLA occurs at the  beginning of the fiscal year, the employee will receive the annual allotment of personal leave, as well as  any potential legislative mandated salary increases upon return to employment. 

Interference with Rights 

Actions Prohibited 

It is unlawful to interfere with, restrain, or deny any right provided by this policy or related procedures or to  discharge or in any other manner discriminate against an employee for opposing any practice made  unlawful by this policy.  

Protected Activity 

It is unlawful to discharge or in any other manner discriminate against any employee because the employee  does any of the following:  

• files any civil action, or institutes or causes to be instituted any civil proceeding under or  related to this policy; 
• gives, or is about to give, any information in connection with any inquiry or proceeding  relating to any right provided by this policy; or  
• testifies, or is about to testify, in any inquiry or proceeding relating to any right provided  under this policy.  

Violations 

Denial of leave requested pursuant to the Family and Medical Leave Act is an appealable issue and  employees, except for ones in exempt positions (policymaking, exempt managerial, confidential assistants,  confidential secretaries and chief deputy or chief administrative assistant), may appeal in keeping with the  College’s Conflict Resolution Policy & Grievance) procedures (2.4.6).  

Violations can result in any of the following or a combination of any of the following and are enforced by the  U. S. Secretary of Labor:  

• U. S. Department of Labor investigation,  
• Civil liability with the imposition of court cost and attorney’s fees, or  
• Administrative action by the U. S. Department of Labor.  

Posting 

All employers are required to post and keep posted, in a conspicuous place, a notice explaining the FMLA  provisions and providing information concerning the procedures for filing complaints of violations of the Act  with the U. S. Department of Labor, Wage and Hour Division.  

Note: Copies of the required notice may be obtained from Human Resources  

Voluntary Shared Leave (VSL) 

The Voluntary Shared Leave Program allows an employee to donate leave to another employee who has  been approved to receive leave because of a prolonged medical condition of the employee or a member of  the employee’s immediate family that requires prolonged absence from work for the employee. This program must follow the rules as established in North Carolina Community Colleges State Board Code  (SBCCC 200.94 (c)Shared Leave Policy). State Board Code will apply in the event of a discrepancy with  the procedures outlined below.  

Application Procedure 

The employee is to use one of the following forms available on the College intranet page: 

• Voluntary Shared Leave Request form for Leave Participation Inside Carteret Community  College. 
• Voluntary Shared Leave Request form for Leave to go Interagency Outside of Carteret  Community College. 

Confidentiality 

The Privacy Act makes medical information confidential. When disclosing information on an approved  recipient, only a statement that the recipient has been approved to receive shared leave shall 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. 

The decision relative to shared leave shall be made by the President. 

Recipient Guidelines 

 A prospective recipient may make application for voluntary shared leave at such time as  medical evidence is available to support the need for leave beyond the employee’s available  accumulated leave. A fellow employee may also nominate a recipient. 

1. Participation in the program is limited to 1,040 hours, prorated for part-time employees,  either continuously or, if for the same condition, on a recurring basis. However, the President  may grant employee continuation in the program, month-by-month for a maximum of 2,080  hours, if the President would have otherwise granted leave without pay. 
2. Subject to the maximum of 1,040 hours, the number of hours of leave an employee can  receive is equal to the projected recovery or treatment period, less the employee’s combined  comp time, and personal, vacation and sick leave balance as of the beginning of the recovery  or treatment period. The employee must exhaust all available leave before using donated  leave. 
3.  Leave transferred under this program will first be applied retroactive for up to 60 calendar  days to substitute for leave without pay or advanced pay already granted to the leave  recipient. All remaining leave donated is considered sick leave to be placed in the recipient’s  sick leave account and available for immediate use. 
4.  An employee may begin receiving voluntary shared leave after all available sick and  vacation/bonus leave has been exhausted. While using voluntary shared leave, the employee  continues to earn leave. The employee is required to use his/her earned leave first. 
5. An employee cannot receive more than 20 days of sick leave combined from all non immediate family member donors. 
6. At the expiration of the medical condition, as determined by reports from a physician to  the College HR Office, the recipient may retain donated leave to keep their total leave  balance at no more than 40 hours (combined sick and annual leave). Any unused leave in  the recipient’s donated leave account in excess of the 40-hour threshold shall be returned to  the donor(s) on a pro rata basis.
7.  If a recipient separates from the college, participation in the program ends. Donated  leave shall be returned to donor(s) on a pro rata basis. 
8. An employee who has a medical condition and who receives benefits from the Disability  Income Plan of North Carolina (DIPNC) or Worker’s Compensation Disability Benefits is not  eligible to participate in 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. 
9. Donated leave cannot be used for retirement service credit.

Donor Guidelines 

An employee of any North Carolina community college may donate vacation, bonus or sick leave to another  immediate family member in any agency, public school or community college that agrees to accept such  leave. See definition below of immediate family member. 

1. The minimum amount to be donated is four hours. 
2. When donating to an immediate family member, an employee may donate up to a  maximum of 1,040 hours of sick leave, but may not reduce their own sick leave account  below 40 hours. 
3. When donating sick leave to a non-immediate family member, an employee may donate  up to five days of sick leave per year to any non-immediate family member.  
4. Employees who donate sick leave are giving up potential Retirement System service  credit for their future retirement, which has the potential to impact benefit calculations.  
5.  Individuals may donate up to one times their annual accrual rate of vacation leave to an  eligible recipient. Additionally, the amount donated shall not reduce the donor’s vacation  leave balance below one-half their annual accrual rate. 
6. Bonus leave may be donated without limitation. 

 Returned leave shall be credited to the donor’s same account from which it originally  came. 

GENERAL GUIDELINES 

Establishment of a leave “bank” for use by unnamed employees is expressly prohibited by State Board  Code. Leave must be donated on a one-to-one personal basis. 

Definition of Terms: 

Immediate family member means a legal spouse; parent who is biological, adoptive, step, in-law, or an  individual who stood in loco parentis to the employee when the employee was a child; child includes a  son or daughter who is biological, adopted, foster, step, legal ward, in-law, or a child for whom the  employee is standing in loco parentis; brother or sister who is biological, adoptive, step, half, in-law;  grandparents, great grandparents, grandchildren, great grandchildren, including step relationships; or  other dependents living in the employee’s home. 

Prolonged medical condition means a medical condition that is likely to require an employee’s absence  from work for a period of at least 20 consecutive workdays. The College President may at their  discretion waive the 20-consecutive-day requirement, if an employee has had previous absences for the  same condition that has caused the employee not to have enough leave to cover the new need for leave, or if the employee has had a previous, but different prolonged medical condition in the last 12  months.  

Worker’s Compensation Leave 

Worker’s Compensation is governed by State Law: NCGS 97-1 through 97-200. Any conflict between the  procedures outlined below and the referenced law, shall be governed by the law, and if appropriate,  Industrial Commission decision. 

COVERAGE 

All College employees are covered under the North Carolina Workers’ Compensation Act. Any employee  who suffers an accidental injury or contracts an occupational disease in the course of performing job duties  as defined by the Workers’ Compensation Act is entitled to benefits provided by the Act. The employee is  entitled to medical benefits and compensation for time lost from work and any disability which results from  the injury. All decisions for coverage shall be made by the appropriate insurance carrier or third-party  administrator (TPA) as appropriate to the employee’s funding source. 

Responsibilities of the Injured Employee 

If an employee is injured by accident or contracts a covered occupational illness in the course of their  employment, they must notify their supervisor as soon as possible. Except in cases of life-threatening  medical emergency, the supervisor and injured employee should contract Human Resources (HR) prior to  seeking medical attention. If the situation requires emergent medical treatment, the supervisor should  contract HR as soon as practical to initiate establishing the claim. 

In accordance with G.S. 97-22, notice of an accident must be given to the College by the employee or  his/her representative as soon as possible. No compensation shall be payable unless such written notice  is given within 30 days after occurrence of the accident or death, unless a reasonable explanation is made  to the satisfaction of the Industrial Commission for not giving such notice and the Commission is satisfied  that the College has not been prejudiced thereby. 

Responsibility for claiming compensation is on the injured employee. A claim must be filed by the employee  through the College with the North Carolina Industrial Commission within two years from the date of injury  or knowledge thereof. Otherwise, the claim is barred by law.  

Responsibilities of the College 

The College is required by law to report the injury to the North Carolina Industrial Commission using the  I.C. Form 19 within five days from knowledge thereof any claim that results in more than one day absent  from work or if medical expenses exceed $4,000. This process is managed by the insurance carrier or  TPA as appropriate to the employee’s funding source. 

Use of Leave 

If the injury allows the employee to continue working either full or limited duty, but requires periodic medical  treatments or doctor’s visits scheduled during normal working hours, the employee shall be paid for  reasonable time for treatment and travel without the use of their own accrued leave benefits. The time  allotted with pay shall be limited to that time which is reasonable to travel to and receive the treatment within  a single business day. If the treatment requires more than one day then the subsequent time will revert to  compensation provisions as described below. 

The Workers’ Compensation law provides medical benefits and a weekly compensation benefit equal to 66  2/3 percent of the employee’s average weekly earnings up to a maximum established by the Industrial  Commission each year. When an employee sustains an injury that prevents them from working, they must  go on workers’ compensation leave and receive the workers’ compensation weekly benefit after the  required waiting period provided by G.S. 97-28. One of the following irrevocable options may be chosen:

Option 1: Elect to take sick or vacation leave during the required waiting period and then go  on workers’ compensation leave and begin drawing workers’ compensation weekly  benefits. 

Option 2: Elect to go on workers’ compensation leave with no pay for the required waiting  period and then begin drawing workers’ compensation benefits. 

If the injury results in disability of more than a specified number of days, as indicated in G.S. 97-28, the  workers’ compensation weekly benefit shall be allowed from the date of disability. If this occurs in the case  of an employee who elected to use leave during the waiting period, no adjustment shall be made in the  leave used for these workdays. 

All leave taken related to a compensable injury will run concurrently with leave available under the FMLA. All decisions for compensability reside with the appropriate insurance carrier or TPA. 

Continuation of Benefits 

While on workers’ compensation leave an employee is eligible for continuation of the following benefits: 

1. Performance Increase: Upon reinstatement, an employee’s salary will be computed  based on the last salary plus any legislative increase to which he/she is entitled. Any  performance increase which would have been given had the employee been at work may also be  included in the reinstatement salary, or it may be given on any payment date following  reinstatement. 

2. Vacation and Sick Leave: While on workers’ compensation leave, the employee will  continue to accumulate vacation and sick leave to be credited to his/her account for use upon  return. If the employee does not return, vacation accumulated during the first twelve months of  leave will be paid in a lump sum along with other unused vacation. 

Since the employee is on workers’ compensation leave and is not able to schedule vacation time  off, the accumulation may in some cases exceed the 240 hours and shall be handled as follows: 

1.  The 240-hour maximum to be carried forward to the next fiscal year may be exceeded by  the amount of vacation accumulated during workers’ compensation leave. The excess may  be used after returning to work or carried on the leave account until the end of the fiscal year  following a full year after the employee’s return to work. 
2.  If the employee separates during the period that excess vacation is allowed, the excess  leave to be paid in a lump sum may not exceed the amount accumulated during the first  twelve months of workers’ compensation leave. 
3.  Hospitalization Insurance: While on workers’ compensation leave, an employee is in pay  status and will continue coverage under the State’s Health Insurance Program. Monthly  premiums for the employee will be paid by the state. Premiums for any dependent coverage  must be paid directly by the employee. 
4.  Retirement Service Credit: While on workers’ compensation leave an employee does not  receive retirement credit. As a member of the Retirement System, the employee may purchase  credits for the period of time on an approved leave of absence. Upon request by the employee,  the Retirement System will provide a statement of the cost and a date by which purchase must be  made. If purchase is not made by that date, the cost will have to be recomputed.
5. Total State Service Credit: While on worker’s compensation leave the employee shall  continue to receive total state service credit.
6.  Longevity Pay: While on worker’s compensation leave the employee shall continue to be  eligible for longevity credit. Employees who are eligible for longevity pay while on worker’s  compensation designated leave shall receive their payment as scheduled. 

Return to Work Provision  

When an employee, who has been injured on the job and placed on workers’ compensation leave, has  been released to return to work by the treating physician, there are three possible returns to work options. 

1. When an employee has reached maximum medical improvement and has been released to  return to work by the treating physician the College shall make every reasonable effort to  return the employee to the original position he/she held prior to workers’ compensation  leave. If the previous position is unavailable due to bona fide business circumstances the  College shall make every reasonable effort to find a suitable position elsewhere within the  College. 
2. When an employee has not reached maximum medical improvement and is ready to return to  limited work duty with approval of the treating physician, but retains some disability which  prevents successful performance in the original position, the College shall make every  reasonable effort to provide work reassignment suitable to the employee’s capacity which is  both meaningful and productive, and advantageous to the employee and the College. This  work reassignment shall be a temporary assignment and shall not exceed 90 days without  approval from the College President.  
3. When an employee has reached maximum medical improvement and has been released to  return to work by the treating physician, but has received a disability which prohibits  employment in the previous position, the College shall make every reasonable effort to place  the employee in another position suitable to the employee’s capacity which is both  meaningful and productive, and advantageous to the employee and the College. 
4. The College reserves the right to end employment prior to a medical release to return to  work based on business needs and in compliance with the FMLA, ADA or other applicable  regulations. 

If a suitable vacancy cannot be found with the College, employment will be terminated effective as  of the date the final decision. 

Vocational Rehabilitation Assistance 

In some cases, the extent of disability may be such that vocational rehabilitation will be necessary. The  designated insurance carrier or TPA will be responsible for making the necessary arrangements with the  North Carolina Division of Vocational Rehabilitation for such training which may be necessary to assist the  employee to obtain suitable employment consistent with performance capabilities. 

Refusal of Suitable Employment 

The Workers’ Compensation Act prevents employers from firing or demoting employees in retaliation for  pursuing remedies under the Act, but does not speak to re-employment after an employee has been  released by the treating physician to return to work. If an employee, who has reached maximum medical improvement and been released to return to work by the treating physician, refuses suitable employment  in keeping with his/her capacity, the College has the right to implement dismissal procedures. 

When it has been determined that the employee has not fully cooperated with the intent and spirit of the  Workers’ Compensation Policy, the College may terminate the employee, as of the date suitable  employment with offered. Workers’ compensation benefits may be continued or discontinued in  accordance with the provisions of the Workers’ Compensation Act. 

Temporary Emergency Leave 

All opportunities to continue working will be considered to ensure an appropriate workforce during and after  any declared emergency. This may include telework options for regular duties or other duties for which the  employee has skills or expertise; staggered or flexible work schedules; or other options as may be  determined by College Leadership. When it is not practical to continue working due to the circumstances  of the specific emergency, College administration will determine all forms of paid leave available and in  compliance with statutory leave provisions. The College is also authorized to incorporate leave provisions  authorized by North Carolina’s Office of State Human Resources as may be issued during a declared  emergency. 

Procedures will be published as needed and consistent with the provisions available for the specific  declared emergency.