Effective November 1, 1998, the North Carolina General Statue 116-37 excepted employees of the Medical Faculty Practice Plan at East Carolina University (ECU), formerly designated as employees subject to the personnel act (SPA), from Chapter 126 of the General Statues; except Article 5-Political Activity, Article 6-EEO, Article 7-Privacy Act, and Article 14-"Whistleblower" Protection. NCGS 116-37 authorizes the ECU Board of Trustees to adopt policies and procedures governing the terms and conditions of employment for these employees. The Board is directed to establish procedures that effectively promote the hiring and retention of capable, diligent, and effective career state employees. In broad terms, the Board is authorized to establish a human resources system (to be named "Clinical Support Services" - CSS) that meets the needs of CSS, so that it may remain competitive and responsive in the health care marketplace.
Various policy changes have been, and will continue to be, developed to enhance the recruitment and retention efforts of the Clinical Support Services system. Any CSS policies found within the Human Resources section of this Business Manual will be designated as such, as they apply to employees whose positions have been designated as CSS. All other SPA policies will remain in effect until such time as a new CSS policy is developed to address the specific issue.
Refer to Policy Statements # 14 (Clinical Support Services) within the Human Resources section for current approved CSS policies.
Career State employee means a State employee with a probationary, trainee or permanent appointment who is:
A 'primary level position' means a position which is non-supervisory in nature. A primary level position may be responsible for making work assignments to other positions, but the majority of the duties and responsibilities of the position are non-supervisory.
A 'secondary level position' means a position in which the majority of the work performed is directing the work of other positions. A secondary level position has the authority to assign work and to evaluate work; to hire employees; to discipline or dismiss employees; or has significant input into such actions.
A 'professional position' means a position in which the work requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education, and requires the consistent exercise of discretion and judgment. The majority of the duties and responsibilities of such a position are non-supervisory.
A 'management level position' means a position which manages an established division or subdivision of a department, agency or institution; which directs the work of one or more secondary level employees; which has the authority to hire, reward, discipline, or discharge employees, and which may provide suggestions for changes in Policy to senior executives with Policy-making authority.
A 'consultant position' means a position in which the work requires knowledge in a specialized field. A consultant position customarily exercises discretion and independent judgment and provides research, guidance, and recommendations on Policy matters to senior executives with Policy-making authority.
Separation From Employment (SPA)
Such separations are voluntary separations from State employment and create no right of grievance or appeal.
Prior to separation, the supervisor or Department Head must meet with or at least notify the employee in writing of the proposed separation, the efforts undertaken to avoid separation and why the efforts were unsuccessful. The employee must have the opportunity in this meeting or in writing to propose alternative methods of accommodation. If the proposed accommodations are not possible, the department must notify the employee in writing of that fact and the proposed date of separation. If the proposed accommodations or alternative accommodations are being reviewed, the supervisor or Department Head must notify the employee that such accommodations are under review and give the employee a projected date for a decision on this.
Involuntary separation pursuant to this Policy may be grieved or appealed. The Department Head must also give the employee a letter of separation stating the specific reasons for the separation and setting forth the employee's right of appeal. The burden of proof on the University in the event of a grievance is not just cause as that term exists in G.S. 126-35. Rather, the University's burden is to prove that the employee was unavailable, that the department considered the employee's proposed accommodations for his/her unavailability and were unable to make the proposed accommodations or other reasonable accommodations.
Reduction in Force Guidelines and Policies
Management has the authority to separate an employee whenever it is necessary due to shortage of funds or work, abolishment of a position, or other material changes in duties or organization. However, separation of employees through reduction in force should occur only after management has exhausted every feasible alternative that might avoid it.
If it becomes necessary for any department of East Carolina University to implement a Reduction in Force, the head of that department must consult with the Department of Human Resources and prepare a "RIF Plan" or written justification for the decision. Important factors in this determination include:
This justification must also describe all other alternatives explored by management. When management has reached the decision that a Reduction-in-force is the only solution, the next step is to identify the employees to be affected.
The RIF Plan must provide the rationale behind the selection of particular employees to be separated and the ones to be retained. Retention of employees in classes affected shall be based on systematic consideration of the following factors:
Neither temporary, probationary (except when place on probation as a RIF placement), nor trainee employees in their initial six months of training shall be retained in classes from which we must separate employees with a permanent appointment (those who have satisfactorily completed a probationary or equivalent trial period). In determining the length of service, an eligible veteran shall be accorded one year of state service for each year or fraction thereof of military service, up to a maximum of five (5) years credit.
When the proposed RIF plan has been approved by the appropriate division level staff and by the Assistant Vice Chancellor for Human Resources, it will be submitted as a recommendation to the Chancellor.
The employee(s) to be separated must be notified in writing as soon as possible but at least thirty (30) calendar days before the effective date. This notification must include the reasons for the reduction-in-force, their eligibility for priority are employment consideration, applicable appeal rights, and other benefits as described below. The Department of Human Resources will assist the employee(s) in completing a current Application for Employment and submit it to the Office of State Personnel in finding another State job, he or she must submit a written statement to that effect to the University.
Employees are paid in a lump sum for accumulated vacation leave not to exceed 240 hours.
Employees separated due to Reduction-in-Force will have their sick leave reinstated if they are employed in any state agency within five years.
The State will continue to pay health insurance premiums for up to twelve months for employees with twelve or more months of service who are separated due to Reduction-in-Force. These employees may continue to pay for spouse and/or dependent children coverage. At the end of the twelve month period, the employees may begin paying for their own coverage and continue as well as the coverage for spouse and/or dependent children indefinitely.
Severance salary continuation will be paid according to the North Carolina Office of State Personnel Policy. The provisions of that policy define the criteria for eligibility and the amount and method of payment.
For employees separated due to Reduction-in-Force, the intent is to continue or restore employment at an appointment status, salary grade and salary rate equal to that held at the time of notification. Employees with the following appointment types are eligible for this priority:
Note: Employees who are separated from trainee positions will have priority for positions in the salary grade of the full class. Employees who are separated from flat rate positions will have priority for positions with a salary grade which has as its mid-point a rate closest to the flat rate. Employees separated from time-limited permanent appointments are not eligible for priority reemployment consideration.
A RIF employee shall be interviewed for any available vacant position for which he or she has applied or been referred by the Office of State Personnel, at a salary grade level equal to or below that held at the time of notification as long as the employee meets the minimum qualifications for the position and could perform the job in a reasonable length of time, including normal orientation and training given any new employee.
The RIF employee has priority over any non-state employee, but does not have priority over any current state employee with substantially equal qualifications or length of service. A RIF employee with more than 10 years of service does, however. have priority over one with less than 10 years of service in the same or related position classification.
A RIF applicant who accepts a position at the same salary grade shall be paid at the same salary rate as the paid at the time of notification of separation by RIF. If a RIF applicant accepts a position at a lower salary grade, he or she shall be paid at the same rate as the rate paid at notification unless the salary rate exceeds the maximum of the new grade, in which case the new salary rate will be the maximum of the new lower salary grade.
An employee with RIF priority status may be required to serve a new probationary period if the essential functions of the position into which he or she is being re-employed are significantly different from those of the position held at time of notification of RIF and/or the documented employment history indicates performance or conduct difficulties which would make a probationary period a prudent protection of University interests.
This priority for reemployment lasts for twelve months from the date of the official written notification or until one of the following events occurs:
A career state employee, as defined in statute, who is separated due to reduction-in-force has the right to appeal the decision under the East Carolina University Support Staff Employee Grievance and Appeal Policy.
The RIF Policy can be obtained from the Department of Human Resources or through the East Carolina Business Manual.