Effective Date: 07/01/00
Portions Updated: 04/01/09
13a: Leave Benefits - Vacation Leave
- All full-time permanent, probationary,
and trainee SPA employees who are in pay status for one-half or more of
the regularly scheduled workdays and holidays in any month shall earn
vacation leave for one full month.
- All part-time permanent, probationary,
and trainee SPA employees with a half-time or greater appointment type
(minimum of twenty hours per week) who are in pay status for one-half
or more of the regularly scheduled workdays and holidays shall earn vacation
leave on a pro rated basis.
- When exhausting leave (i.e.,
extended leave with pay), an employee is considered to be in pay status
and continues to accumulate leave in accordance with the provisions specified
- Amount Earned
Vacation leave shall be earned
according to the hourly rates given in the following table that is based on
length of Total State Service. Leave for part-time employees shall be computed
as a percentage of total amount provided to a full-time employee.
Years of Total State Service
Hours Earned Each Month
Hours earned in One Year
7 hrs. 50
2 but less
than 5 years
9 hrs. 10
5 but less
than 10 years
10 but less
than 15 years
15 but less
than 20 years
- Maximum Accumulation
Vacation leave may be accumulated
without any applicable maximum until December 31 of each calendar year. However,
if the employee separates from service, payment for accumulated leave shall
not exceed 240 hours. On December 31 any employee with more than 240 hours
of accumulated leave shall have the excess accumulation converted to sick
leave so that only 240 hours are carried forward to January 1 of the next
Accumulation for part-time employees
will be prorated based on the amount of time worked.
- Advancement of Vacation Leave
At the discretion of management,
an employee may be advanced the amount of leave needed on an individual basis
and which can be credited during the remainder of the calendar year. Authorization
to advance leave may be granted by the department head. It is the responsibility
of the department head to insure that the employee makes up the leave deficiency
within the calendar year or repays the University for any overpayment of salary
because of overdrawn vacation leave prior to the end of the calendar year
or upon termination of employment.
- Scheduling Vacation Leave
Vacation leave may be taken only
when approved in advance by the supervisor and/or department head who may
designate such time or times when it will least interfere with the efficient
operation of the department. Employees preferences should be considered and
schedules worked out bearing in mind individual and departmental needs.
- Uses of Vacation Leave
The employee may use vacation leave for any personal reason to include the
- Medical appointments/Illness
- Absences from work as a result
of adverse weather conditions.
- On-the-job injury (see Workers'
- Leave Charges
- Leave shall be charged in
units of no less than 5 minutes. Leave to be paid as terminal leave and
leave to be exhausted before disability retirement or leave without pay
shall be in units of one hour.
- Only scheduled work hours
shall be charged in calculating the amount of leave taken. For example,
Saturdays, Sundays, and/or holidays are charged only if they are scheduled
- Time lost for late reporting
may be charged to the vacation leave account when it is not handled under
the variable work schedule policy. Deductions should be made from the
employee's pay where excessive tardiness or absenteeism occurs.
- Payment of Vacation Leave When
Separated (See also #9 below - Leave Transferable)
- Lump sum payment for leave
is made only at the time of separation. An employee will be paid in a
lump sum for accumulated leave not to exceed a maximum of 240 hours (prorated
for part-time employees) when separated from the University and State
service due to resignation, dismissal, reduction in force, or death. An
employee is not entitled to any scheduled holiday occurring after the
last day of work, except when the last day of the month is a holiday and
the employee is in pay status through the last available workday. The
employee ceases to accumulate leave and ceases to be entitled to take
sick leave. The last day of work is the date of separation.
- Employees separating from
State service due to service retirement or early retirement may elect
to exhaust vacation leave after the last day of work but prior to the
effective date of retirement. All benefits accrue while leave is being
exhausted. If leave is exhausted, the last day of leave is the date of
separation; and any unused leave not exhausted must be paid in a lump
sum not to exceed 240 hours. If no leave is exhausted, the last day of
work is the date of separation. (Example: An employee retiring effective
July 1, 1995, could establish the last day of work as June 16, 1995; then
exhaust 80 hours of leave through the end of June and receive the unused
balance up to 240 hours, in a lump sum. The date separated would be June
- 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 full hour units, i.e., full
hour for any part of an hour overdrawn.
- Leave Transferable
Unused leave shall be transferred
when an employee transfers between State agencies.
Unused leave may be transferred
to a public school, community college, technical institute, or a local SPA
Mental Health, Public Health, Social Services or Emergency Management agency,
if the agency is willing to accept the leave; otherwise, the employee leaving
State service will be paid in a lump sum for accumulated leave not to exceed
240 hours (prorated for part-time employees). If the local agency or educational
institution accepts a part of the leave, the combination of the amount transferred
and paid for shall not exceed 240 hours (prorated for part-time employees).
When an employee from one of these
agencies transfers to the University, any unused leave may be transferred.
- Personal Leave Without Pay
- An employee going on leave
without pay may exhaust vacation leave or may retain part or all accumulated
leave until the employee returns, with the following exceptions: (1) if
an employee has accumulated vacation leave, all leave must be exhausted
before going on leave without pay for vacation purposes, or (2) if an
employee requests leave for other personal reasons for a period not to
exceed 10 workdays, leave must be used if available; however, if the leave
is for a period longer than 10 workdays, the employee may choose to use
vacation leave or retain it for future use. If leave without pay extends
through December 31, any leave accumulation above 240 hours (prorated
for part-time employees) shall be converted to sick leave.
- Leave without pay within these
guidelines for a duration of 10 days or less, including an overdrawn leave
balance, may be corrected by sending a memorandum to the Payroll Supervisor,
with a carbon copy to the Department of Human Resources requesting an
adjustment by the necessary number of hours in the employee's next paycheck.
Any leave without pay longer than 10 workdays must be submitted to the
Department of Human Resources on a Form P-18 accompanied by the employee's
leave record. In addition, any extended leave of absence, i.e., six weeks
or more, for vacation, sick, or other personal reasons should be submitted
on Form P-18 even if the employee has sufficient leave to cover the entire
duration. A subsequent P-18 reinstating the employee must be submitted
upon the employee's return to work at which time the leave record will
be returned to the department.
- Any period of personal leave
without pay beyond six month duration granted by the department head must
also be approved by the Department of Human Resources.
- Maintenance of Vacation Leave
- It is the responsibility of
the department head to insure that proper leave records are maintained for
each employee in his/her department. It is advisable that each department,
office, or unit designate someone to serve as a "leave clerk" who will maintain
employee leave records.
- The Department of Human Resources
will supply for each employee a Cumulative Record of Sick and Vacation Leave
Earned and Taken Each Month (Form LR-3). This form should be used by the
leave clerk to maintain daily a permanent record of vacation leave as it
is earned and taken during the current calendar year. At the end of the
calendar year, the leave record (Form LR-3) should be forwarded to the Department
of Human Resources for audit and placement in the employee's file.
- In addition, the leave clerk
should acquire the Employee Report of Leave Taken (Form LR-4) when approved
by the supervisor that will serve as a support document for entries made
on the Cumulative Record of Sick and Vacation Leave Earned and Taken Each
Month (Form LR-3).
- All full-time permanent, probationary,
and trainee SPA employees who are in pay status for one-half or more of
the regularly scheduled workdays and holidays in any month shall earn
sick leave for the full month.
- All part-time permanent, probationary,
and trainee SPA employees with a half-time or greater appointment type
(minimum of twenty hours per week) who are in pay status for one-half
or more of the regularly scheduled workdays and holidays shall earn sick
leave on a prorated basis.
- Amount Earned
All eligible employees shall earn
sick leave at the rate of 8 hours per month or 96 hours per year for full-time
employment. In addition, vacation leave in excess of 240 hours on December
31 of each year shall be converted to sick leave.
- Sick Leave Accumulation
Sick leave is cumulative indefinitely.
- Advancement of Sick Leave
- At the discretion of management,
an employee may be advanced sick leave not to exceed the amount an employee
can accumulate during the remainder of the current calendar year. Authorization
to advance sick leave may be granted by the department head. It is the
responsibility of the department head to insure that the employee makes
up the leave deficiency within the calendar year or repays the University
for any overpayment of salary because of overdrawn sick leave prior to
the end of the calendar year or upon termination of employment.
- It is important to note that
if personal illness continues after all sick leave has been exhausted,
it is a usual practice to exhaust any vacation leave that is available.
However, if the employee chooses, he or she may retain all or part of
their vacation leave by requesting that they be removed from the payroll
and placed on leave without pay.
- Uses of Sick Leave
Sick leave is intended for use by the employee when illness or injury occurs
that prevents the performance of assigned duties. In addition, sick leave
may be used for the following:
- Medical appointments.
- Period of temporary disability
connected with child bearing. (See Parental Leave.)
- On-the-job injury. (See Workers'
- Illness of a member of the
employee's immediate family. For this purpose, immediate family is defined
as spouse, parents, children (including step relationships). Leave may
also be taken for the illness of other dependents living in the employee's
- Death of a member of the employee's
immediate family. For this purpose, immediate family is defined as spouse,
parents, children, brother, sister, grandparents, and grandchildren. Also
included are the step, half, and in-law relationships. In the case of
a death in the employee's immediate family, the employee must request
approval from the department head for use of sick leave.
- Verification of Use of Sick Leave
To avoid the abuse of sick leave
privileges, the department head may require that the employee submit a statement
from a medical doctor or other acceptable proof that the employee was not
able to work due to personal illness, family illness or death in the family.
However, caution should be exercised to insure that such action is not discriminatory.
Also, it is advisable that the employee be given advance warning that this
will be required for any future illness.
- Leave Charges
Sick leave shall be taken and charged
in units of no less than 5 minutes. Only scheduled work hours shall be charged
in calculating the amount of leave taken. For example, Saturdays, Sundays,
and/or holidays are charged only if they are scheduled workdays.
- Disposition of Sick Leave Upon
- The employee is not permitted
to use or be paid for unused sick leave upon separation. Please note that
the date of separation (for reasons other than retirement) is the employee's
actual last day of work.
- Sick leave may be exhausted
prior to participation in the Disability Income Plan.
- 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 full hour units, i.e., a full
hour for any part of an hour overdrawn.
- When an employee retires,
creditable service for retirement purposes may be extended by allowing
one additional month of service for each 20 days, or any portion thereof,
of unused sick leave available upon separation.
- Sick Leave Transferable
Unused sick leave shall be transferred
when an employee transfers between State agencies. Sick leave may also be
transferred to or from a local SPA agency of Mental Health, Public Health,
Social Services, or Emergency Management, a public school, community college,
or technical institute if the head of the employing agency or school administrative
unit is willing to accept it.
- Reinstatement of Sick Leave
- Sick leave shall be reinstated
when an employee returns from authorized leave without pay or when reinstated
within five years from any type of separation.
- Sick leave may be reinstated
when an employee returns to State employment within five years after separating
from SPA employment with a local government, public school, community
college, or technical institute.
- Sick Leave Without Pay
- Eligible employees
shall be granted leave in accordance with the Family and Medical Leave
Policy (See Statement 13d pages 1 through 8) for a period of 12 work weeks.
Additional leave without pay up to one year may be granted for the remaining
period of disability after the 12 week period as long as it is believed
that the employee will return to work. Extension of sick leave without
pay beyond one year is subject to approval by the Director of Human Resources.
- Accumulated sick leave shall
be exhausted during the waiting period required prior to short-term disability.
Additional sick leave may be exhausted or it may be retained for future
use. The employee may also exhaust vacation leave or may retain part or
all of accumulated vacation leave. While exhausting leave, all benefits
for which the employee is entitled are credited.
- Maintenance of Sick Leave Records
The maintenance of sick leave
records is identical to that required for vacation leave.
There are occurrences brought about
by serious and prolonged medical conditions that cause employees to exhaust
available leave and therefore be placed on leave without pay. It is recognized
that such employees forced to go on leave without pay could be without income
at the most critical point in their work life. Employees who want to assist
their fellow workers by donating leave can do so through the Voluntary Shared
Leave Program. The intent of this policy is to allow one employee to assist
another in case of a prolonged medical condition that results in exhaustion
of all earned leave.
- General Guidelines
- Leave shall be donated
on a one-to-one personal basis. Establishment of a leave "bank" for use
by unnamed employee is expressly prohibited.
- The donation and receipt of
leave shall be completely voluntary, and anyone who interferes with an
employee's right to choose whether to donate or receive leave shall be
subject to disciplinary action on the basis of personal misconduct.
- Individual leave records are
confidential, and only individuals may reveal their donation or receipt
- The employee donating leave
cannot receive remuneration for the leave donated.
- All voluntary shared leave
donated will be credited to the recipient's sick leave account.
- For purposes of this policy,
medical condition means medical condition of an employee or their spouse,
parents, children, or other dependents (including step and in-law relationships)
that is likely to require an employee's absence from duty for a prolonged
period, generally considered to be at least 20 consecutive workdays.
If an employee has had previouse random absences for the same condition
that has caused excessive absences, or if the employee has had a previous,
but different, prolonged medical condition within the last twelve months,
the agency may make an exception to the 20-day period.
- Nonqualifying conditions:
The policy will not ordinairly apply to short-term or sporadic conditions
or illnesses. This would include such things as sporadic, short-term recurrences
of chronic allergies or conditions; short-term absences due to contagious
diseases; or short-term, recurring medical or therapeutic treatments.
These examples are illustrative, not all inclusive. Each case must be
examined and decided based on its conformity to policy intent and must
be handled consistently and equitably.
- Leave transferred under this
program will be available for use on a current basis or may be retroactive
for up to 60 calendar days to substitute for leave without pay or advanced
vacation or sick leave already granted to the leave recipient.
- The Benefits Section in Human
Resources at Phone Number 328-4648 can provide forms and answer any questions
pertaining to the Voluntary Shared Leave Program.
- Recipient Requirements
- Employee must be
in SPA permanent, probationary, or trainee appointment status, or EPA
with leave earning and reporting positions.
- Employee or immediate supervisor
must complete and forward the Form P-49 (Request To Use Shared Leave)
to the Department of Human Resources.
- An employee who has a medical
condition and who receives benefits from the Disability Income Plan of
North Carolina (DIPNC) is not eligible to participate in the shared leave
- An employee may have no more
than 40 hours of combined vacation and sick leave in his/her account to
become eligible to use donated leave.
- An employee on Workers' Compensation
leave who is drawing temporary total disability compensation may be eligible
to participate in this program. Use of donated leave under the Workers'
Compensation program would be limited to use with the supplemental leave
- Requests will be reviewed
for conformity to the intent of the policy by the Voluntary Shared Leave
Committee, who is appointed by the Director of Human Resources. If a request
is approved, the department will be notified and allowed to solicit leave
on behalf of the employee.
- An employee may not solicit
for shared leave; however, an employee may be nominated by a fellow employee.
- Participation is limited to
1,040 hours either continuously or, if for the same condition, on a recurring
basis. However, a continuation may be granted month-by-month for a maximum
of 2,080 hours, if management would otherwise have granted leave without
- 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
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.
- Leave donated to a recipient's
leave account is exempt from the maximum accumulation carry over restrictions
at the calendar year end.
- At the expiration of the medical
condition, as determined by the committee, any unused leave in the recipient's
donated leave account shall be treated as follows:
- The combined
vacation and sick leave account balance may not exceed 40 hours.
- Any additional unused
donated leave beyond 40 hours will be returned to the donor(s) on
a pro-rated basis and credited to the leave account from which it
was donated. Fractions of one hour shall not be returned to an individual
- Each approved emergency
medical condition shall stand alone and donated leave not used in
accordance with the above provisions shall be considered as having
served its purpose, shall lose its identity, and shall be deleted
and the account closed.
- If a recipient separates
from State government, participation in the program ends. Donated
leave shall be returned to the donor(s) on a pro-rata basis.
- Donor Requirements
- A non-family member
donor may contribute only vacation leave to a fellow employee of East
- Employee must complete and
forward the Form P-48 (Request To Transfer Shared Leave) to the Department
of Human Resources.
- A family member who is a state
employee may contribute vacation or sick leave to another immediate family
member state employee in any department or university, provided the recipient
employee has been approved for transfer under the program. For transfer
of sick leave to an immediate family member, immediate family is defined
as spouse, parents, children (including step relations) or other dependents
living in the employee's household. For transfer of vacation leave to
an immediate family member, immediate family member is defined as spouse,
parents, children, brother, sister, grandparents, and grandchildren. Also
included are the step, half, and in-law relationships.
- The minimum amount that can
be donated is four hours.
- An employee family member
donating sick leave to a qualified member under this program may not reduce
his/her sick leave account below 40 hours.
- The maximum amount of vacation
leave allowed to be donated by one individual is to be no more than the
amount of the individual's annual accrual rate. However, the amount donated
is not to reduce the donor's vacation leave balance below one-half of
the annual accrual rate.
The purpose of this policy is to
balance the demands of the work place with the needs of families to promote
the stability and economic security of families and to promote national interests
in preserving family integrity; to minimize the potential for employment discrimination
on the basis of sex by ensuring generally that leave is available for eligible
medical reasons (including maternity-related disability) and for compelling
family reasons; and to promote the goal of equal employment opportunity for
women and men.
- Employee Eligibility
- Permanent, probationary
and trainee employees who have been employed with State government for
at least 12 months and who have worked at least 1040 hours (half-time)
during the previous 12-month period are entitled to a total of 12 workweeks,
paid or unpaid, leave during any 12-month period for one or more specified
conditions which are covered under this Act. Temporary employment would
count as part or all of this 12-month period.
- Temporary employees are generally
not covered since the maximum length of a temporary appointment is one
year and therefore they do not meet the qualification factor of being
employed with State government for at least 12 months during the previous
12-month period. Exceptional situations may exist where a temporary employee
would be covered if he/she was extended beyond one year and had worked
at least 1250 hours during the previous 12-month period. Any leave granted
to a temporary employee would be without pay.
- Intermittent - Employees with
an intermittent appointment are covered if they worked at least 1250 hours
during the previous 12- month period. Any leave granted to an intermittent
employee would be without pay since intermittent employees do not earn
- Qualifying Conditions
- Birth of a child
and care for the child after birth, provided the leave is taken within
a 12-month period following birth.
- Care for a child placed with
the employee for adoption or foster care, provided the leave is taken
within a 12-month period following adoption.
- Care for the employee's child,
spouse, or parent, where that child, spouse, or parent has a serious health
- A serious health condition
that makes the employee unable to perform the essential functions of his/her
Definitions - For the purpose
of administering this policy, the following definitions shall apply:
- Parent - a biological
or adoptive parent or an individual who stood in loc parentis (a person
who is in the position or place of a parent) to an employee when the
employee was a child.
- Child - a son or daughter
who is under 18 years of age or is 18 years of age or older and incapable
of self-care because of a mental or physical disability. Child would
include: (a) biological, (b) adopted, (c) foster, (d) step-child,
(e) legal ward, and (f) child of an employee standing in loco parentis
as defined above.
- Serious Health Condition
- (a) an illness, injury, impairment, or physical or mental condition
that involves either inpatient care in a hospital, hospice, or residential
medical care facility, or that involves continuing treatment by a
health care provider; (b) any period of incapacity requiring absence
from work of more than three calendar workdays that also involves
continuing treatment by a health care provider; or (c) continuing
treatment by a health care provider for conditions so serious that,
if not treated would likely result in an absence of more than three
calendar workdays. Prenatal care is also included. The period of actual
physical disability associated with childbirth is considered a serious
health condition and must be taken as family/medical leave, whether
as paid or unpaid leave.
- 12-month period defined
- While several options for accounting for the 12-month period are provided
by this Act, the following time period will be utilized by East Carolina
University; the 12-month period will be measured forward from the date
any employee's first family and medical leave begins.
- Department Responsibility
- It is the responsibility of the department head or designee to designate
leave paid or unpaid as FMLA leave, based on information provided by the
employee. The designation must be made on the Family Medical Leave Form
(P-46). This must be done before the leave starts, or before an extension
of leave is granted if the employee is already on leave. If an employee
on paid leave has not provided information sufficient to determine whether
it is designated as FMLA leave, the department shall, after a period of
4 workdays, request that the employee provide sufficient information to
establish a FMLA-qualifying reason for the needed leave. This does not
preclude the department from requesting the information sooner or at any
time an extension is requested. A copy of the FMLA form P-46 must be attached
to the Personnel Recommendation form P-18 or P-21 submitted to Human Resources
for periods of extended leave of absence (i.e., six weeks or more) with
or without pay. It should also be noted in the Comments Section of the
P-18 or P-21 that the employee will be covered under the Family Medical
If an employee takes paid leave and it is not designated by the employee
or department as FMLA leave, the leave taken does not count against the
employee's entitlement. Therefore, it is extremely important for the department
head or designee to refer to qualifying conditions in order to insure
that leave taken is designated as FMLA according to the provisions of
- Leave Charges
The employee has the following options for charging leave:
- For the birth
of a child, the employee may choose to exhaust available vacation
and/or sick leave, or any portion, or go on leave without pay; except
that sick leave may be used only during the period of disability.
This applies to both parents.
- For the adoption or foster
care of a child, the employee may choose to exhaust available vacation
leave, or any portion, or go on leave without pay.
- For the illness of an
employee's child, spouse, or parents, the employee may choose to exhaust
available sick and/or vacation leave, or any portion, or go on leave
- For the employee's illness,
the employee shall exhaust available sick leave and may choose to
exhaust available vacation leave, or any portion, before going on
leave without pay. If the illness extends beyond the 60-day waiting
period required for short-term disability, the employee may choose
to exhaust the balance of available leave or begin drawing short-term
- Intermittent Leave or Reduced
An intermittent work schedule is a schedule in which an employee works
on an irregular basis and is taking leave in separate blocks of time,
rather than for one continuous period of time.
According to this policy, the employee may not take leave intermittently
or on a reduced work schedule for child birth and birth related child
care or for adoption or foster care unless extenuating circumstances exist
and the employee and department agree otherwise. However, when medically
necessary, the employee may take leave intermittently or on a reduced
schedule to care for the employee's child, spouse, or parent who has a
serious health condition, or because the employee has a serious health
condition. There is no minimum limitation on the amount of leave taken
If such leave is foreseeable, based on planned medical treatment, the
University may require the employee to transfer temporarily to an available
alternative position for which the employee is qualified and that has
equivalent pay and benefits and better accommodates recurring periods
Only the time actually taken as leave may be counted toward the 12 weeks
of leave to which the employee is entitled when leave is taken intermittently
or on a reduced leave schedule. (For example, an employee normally works
40 hours each week. The employee is on a reduced work schedule of 20 hours
per week. The FMLA leave may continue for up to 24 calendar weeks.)
If an employee works a reduced or intermittent work schedule and does
not use paid leave to make up the difference between the normal work schedule
and the new temporary schedule to bring the number of hours worked up
to the regular schedule, the department must submit a Form P-18 or P-21
showing a change in the number of hours the employee is scheduled to work.
This will result in an employee earning leave at a reduced rate.
- Employee Responsibility
The employee shall give notice to the supervisor for leave requested under
this policy. The employee must explain the reasons for the needed leave
so as to allow the department head or designee to determine that the leave
qualifies under the Family Medical Leave Act. The amount of time required
for the notice will vary depending upon circumstances as described below.
- Birth or Adoption
- The employee shall give the department no less than a 30 day notice,
in writing, of the intention to take leave, subject to the actual
date of the birth or adoption. If the date of birth or adoption requires
leave to begin in less than 30 days, the employee shall provide such
notice as is practicable.
In the case of the birth of a child, if leave is requested only for
the period of disability, the completed Employee Request for Maternity
Leave (Form P-47) will be considered sufficient written notice. However,
if the employee is requesting leave beyond the period of disability
as indicated in Part II of Form P-47 completed by the attending Physician,
additional written documentation will be required indicating the periods
of leave with and/or without pay and anticipated date of return.
When a request for Family Medical Leave is made because of adoption
or foster care, the claim must be supported by reasonable proof.
- Serious Health Condition
- Planned Medical Treatment
- When the necessity for leave to care for the employee's child, spouse,
or parent; or because the employee has a serious health condition,
the employee must give a 30 day notice if practicable of the intention
to take leave.
- Medical Emergency - In
the case of a medical emergency requiring leave because of an employee's
own serious health condition or to care for a family member with a
serious health condition, an employer cannot require written advance
An employee's claim for leave because of a serious illness of the
employee or of the employee's child, spouse, or parent must be supported
by a doctor's certification (Form P-46-A) which includes the following:
- The date on which
the serious health condition began
- The probable duration
of the condition
- The appropriate medical
facts regarding the condition
- A statement that the
leave is needed to care for the child, spouse, or parent, and
an estimate of amount of time that is needed; or that the employee
is unable to perform the functions of the position, whichever
Where certification is necessary for intermittent leave for planned
medical treatment, the dates on which the treatment is expected
to be given and the duration of the treatment
Where the University has reason to doubt the validity of the certification,
the University may require the employee to get the opinion of a
second doctor designated or approved by the University. Where the
second opinion differs from the opinion in the original certification
provided, the University may require the employee to get the opinion
of a third doctor designated or approved jointly by the employer
The third opinion is final and is binding on the University and
the employee. The University may require that the employee get subsequent
recertification on a reasonable basis. The second and third certification
and recertification must be at the University's expense.
- Returning to Work
The employee must present a doctor's certification to verify that he/she
is able to return to work when the leave was due to the employee's health
If the employee will not return after the period of leave, the employee
must notify the department in writing. Failure to report at the expiration
of the leave, unless an extension has been requested, may be considered
as a resignation.
- Employment and Benefits Protection
- Reinstatement - The
employee shall be reinstated to the same position held when the leave
began or one of the like pay grade, pay, benefits, and other conditions
of employment. It is the employee's responsibility to report at reasonable
intervals to his/her department on his/her status and intention to return
- Benefits - The employee shall
be reinstated without loss of benefits accrued when the leave began. All
benefits accrue during any period of paid leave; however, no benefits
will be accrued during any period of leave without pay.
- Health Benefits - The State
shall maintain coverage for the employee under the State's group health
plan for the duration of leave at the level and under the conditions coverage
would have been provided if the employee had continued employment. Any
share of health plan premiums which an employee had paid prior to leave
must continue to be paid by the employee during the leave period. The
obligation to maintain health insurance coverage stops if an employee's
premium payment is more than 30 days late. If the employee's failure to
make the premium payments leads to a lapse in coverage, the employer must
still restore the employee, upon return to work, to the health coverage
equivalent to that the employee would have had if leave had not been taken
and the premium payments had not been missed without any waiting period
or preexisting conditions.
The University may recover the premiums if the employee fails to return
after the period of leave to which the employee is entitled has expired
for a reason other than the continuation, recurrence, or onset of a serious
health condition or other circumstances beyond the employee's control.
Leave without pay beyond the 12-week period or for employees not covered
under the Family and Medical Leave Policy will be administered under the
Other Leave Without Pay policy. Under these provisions, employees must
pay for health benefits coverage.
- Rights and Enforcement
- It is unlawful to
interfere with, restrain, or deny any right provided by this policy or
to discharge or in any other manner discriminate against an employee for
opposing any practice made unlawful by this policy.
- 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 proceedings
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
- Testifies, or is about
to testify, in any inquiry or proceeding relating to any right provided
under this policy
- Enforcement - A violation
of or denial of leave requested pursuant to the Family and Medical Leave
Act of 1993 is not a contested case and creates no right of grievance
or appeal under the State Personnel Act. Violations can result in any
of the following or combination of any of the following and are enforced
by the United States Secretary of Labor:
- U.S. Department
of Labor investigation, or
- Civil liability with the
imposition of court cost and attorney's fees, or
- Administrative action
by the U.S. Department of Labor
Community Service Leave
- Policy Overview
- In recognition of
the State's diverse needs for volunteers to support schools, communities,
citizens and non-profit organizations, and also the commitment of East
Carolina University employees to engage in volunteer service, Community
Service Leave, within the parameters outlined below, may be granted to:
- Parents for child
involvement in the schools (as defined by Section I policy);
- Any employee for volunteer
activity in the schools or in a Community Service Organization (as
defined by Section I of this policy); or
- Any employee for tutoring
and mentoring in the authorized schools (as outlined in Section IV
of this policy).
- In addition there are special
provisions outlined in Section XI of this policy for Emergency Services,
Blood and Bone Marrow Donorship and Disaster Service Volunteer with the
American Red Cross.
- The Community
Service Leave Policy for EPA employees is the same as the UNC policy and
can be accessed at: http://www.northcarolina.edu/content.php/legal/policymanual/contents.htm
Once you open the link, scroll down through the table of contents and
click on policy 300.2.10. This is a pdf file and simply click on the link
to open it.
This policy supersedes and revokes East Carolina University's Child Involvement
Leave Policy and Community Involvement Leave Policy.
Community service, for the purpose of this policy, is defined as any of the
categories outlined below.
- Meeting with a teacher
or administrator concerning the employees child.
- Attending any function sponsored
by the school in which the employees child is a participant. This
provision shall only be utilized in conjunction with non-athletic programs
that are a part of or supplement to the schools academic or artistic
- Donating time to perform school-approved
volunteer work approved by a teacher, school administrator, or program
- Donating time to perform a
service for a community service organization. It does not include attendance
or participation in an event in which no service is performed.
(public or private)
One that is authorized to
operate under the laws of the State of North Carolina and is:
An elementary school, middle
school, high school,
or childcare program.
son or daughter who is:
a biological child, an
adopted child, a foster child,a step-child, a legal ward of an employee;
or standing in loco parentis.
Community Service Organization
A non-profit, non-partisan
community organization, which is designated as an IRS Code 501(c)(3)
agency, or a human service organization licensed or accredited to serve
citizens with special needs including children, youth, and the elderly.
- Eligibility Requirements and Leave
- Eligible employees
include employees subject to the State Personnel Act (SPA) and clinical
support services (CSS) employees with the following appointments:
- Full-time permanent
- Part-time appointment working
fifty percent or more
- Probationary employee appointments
working fifty percent or more
- Trainee appointments
- Time limited appointments
An employee in any of the categories outlined above with satisfactory
job performance is eligible for Community Service Leave.
- Leave Credits:
Type of Appointment
Annual Amount Granted
Full-time permanent, probationary,
trainee, or time limited appointments
24 hours/year OR
1 hour/week (up to a max
of 36 hours) for mentoring/tutoring
(As outlined in Section
IV of this policy)
Part-time (half time or
trainee, or time limited
Prorated equal to
percentage of full-time amount
or part-time (less than half-time)
Twenty-four hours (24) of paid
leave is credited to eligible employees on January 1st of each year, unless
an employee chooses the mentoring/tutoring option. New employees shall be
credited with leave immediately upon their employment, prorated at two hours
per month for the remainder of the calendar year.
- Employee Option for Tutoring and
In lieu of the twenty-four (24)
hour award as noted above, an employee may choose to tutor/mentor in the public
schools. Leave under this option shall be used exclusively for tutoring and
mentoring a student in accordance with established standard rules and guidelines
for such arrangements as determined and documented by joint agreement with
the employees department and the school where the tutoring will occur.
The amount of Community Service Leave is one (1) hour of community service
leave each week, up to a maximum of 36 hours, that schools are in session
as documented by the elected board of the local education agency or the governing
authority of any non-public school.
Advisory Note: If an employee chooses
to change options during the calendar year, the maximum hours that may be
granted is the maximum allowed under the new option chosen minus the amount
of hours already used.
- Approval of Leave
Employees must receive prior approval
from their supervisor to use this leave. The supervisor or other management
representative may require that the leave be taken at a time other than the
one requested, based on the needs of the department. The employees supervisor
may require acceptable proof that leave taken be within the purpose of this
- Inter-Agency Transfer
If an employee transfers to another
State agency, any balance of community service leave not used shall be transferred
to the new agency. Under the tutoring/mentoring option, the employee should
secure approval from the new supervisor prior to the transfer so that any
necessary changes may be communicated to appropriate officials.
- Leave not taken in
a calendar year is forfeited; it shall not be carried over into the next
- Employees shall not be paid
for this leave upon separation from State government.
- Additional Time for Community
- In certain cases,
East Carolina University may allow an employee additional time away from
regular duties above the 24 hours of paid leave to perform significant
community service activities with provisions for the employee to make
up the time. Hours worked in excess of forty during a workweek would constitute
overtime under Federal regulations for FLSA non-exempt employees; therefore,
it will be necessary for make-up time for these employees to be limited
to the workweek in which the time is lost or in a week when the employee
has not worked a full work schedule due to such absences as holidays,
vacation, sick leave, etc.
- The following
guidelines for granting additional time apply:
- The amount of time that
any employee may be allowed is left to the discretion of the employees
- When the departments
operations require, all arrangements for community service activity
time may be interrupted or suspended.
- Considerations of employee
requests should consider
- The nature of work
not all jobs permit rearrangement of work schedules.
- The quality of the
employees job performance.
- Indication from the
supervisor that unit performance can be maintained.
- Any special circumstances,
such as the importance of the community service activity in support
of the mission of East Carolina University.
- Partisan Polital Involvement
Partisan political activity during State time and the use of State equipment
or supplies for such purposes are not permitted. Special care must be taken
to avoid any possible interpretation that the State is, in fact, permitting
time off and in so doing supporting a political candidacy. Political activity
must be in accordance with G.S., 126-13 of the State Personnel Act.
Supervisors who approve Community Service Leave shall maintain records indicating
the number of employees involved and the number of hours used by each employee.
- Special Leave Provisions
In addition to the above leave provisions, there are special guidelines that
apply to Emergency Services, Blood and Bone Marrow Donorship, and Disaster
Service Volunteer with the American Red Cross
- Emergency Services
The chancellor or appointed designee is authorized to establish a policy
providing time off with pay to employees participating in volunteer emergency
and rescue services within a limited area around their workstation. The
chancellor or authorized designee is responsible for determining if a
bonafide need for such services exists within a given area. A bonafide
need is defined as real or eminent danger to life or property.
When Emergency Services
are authorized, the employee must provide sufficient proof that the employees
membership is an emergency volunteer organization and that the performance
of such emergency services will not unreasonably hinder work activities
for which the employee is responsible.
- Blood and Bone Marrow Donorship
Employees are encouraged to use the privilege and opportunity to participate
in life giving through blood and bone marrow donorship. It is a State
policy to allow employees reasonable time off from work with pay for whole
blood donation, pheresis procedure, and for bone marrow transplant without
the use of vacation leave. Seldom should donorship involve more than an
hour and one-half away from work. It is intended that this policy be applied
uniformly throughout the University.
- Disaster Service Volunteer
During bonafide disaster situations, East Carolina University may grant
employees leave with pay, but not to exceed 15 workdays in any 12-month
period, to participate in specialized disaster relief services. The decision
to grant leave rests in the sole discretion of the Chancellor of East
Carolina University based on the work needs East Carolina University.
To qualify for leave, the employee must:
- Be a certified
disaster service volunteer of the American Red Cross, and
- Be asked by the American
Red Cross to participate.
The disaster must:
- Be within the State
of North Carolina, and
- Be designated at Level
III or higher in the American National Red Cross Regulations and
- While on disaster leave,
the employee will:
- Be compensated at
the regular rate of pay, and will
- Not lose seniority,
pay, vacation leave, or earned overtime accumulation.
- Duties performed while on
disaster leave will not be considered a work assignment. Neither East
Carolina University nor the State of North Carolina will be liable for
workers compensation claims arising from accident or injury while
the employee is on Emergency Services assignment.
Parental Leave (See also Family/Medical
- Maternity Leave
The University shall grant maternity leave to any employee who has a permanent,
probationary, or trainee appointment when there is a temporary disability
caused by or contributed to by pregnancy, miscarriage, abortion, childbirth
and recovery. Disabilities resulting from pregnancy shall be treated as any
other illness; whereby, the employee may use accrued sick leave for the actual
period of temporary disability as determined by the attending physician. 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 temporary
disability. Only the physician may determine when the period of temporary
disability begins and when the employee is physically able to return for work.
- Procedure to Follow
for Use of Maternity Leave
- The employee
should inform her immediate supervisor as soon as she learns of her
pregnancy when there is to be a temporary absence from work for this
- The employee should acquire
and initiate the Form P-47, Employee Request for Maternity Leave,
by completion of Part I. The form should then be given to her physician
for completion of Part II. After completion by the physician, the
form should be given to the immediate supervisor as near as possible
prior to the date maternity leave is to begin. The forms are available
from the Department of Human Resources.
- Prior to the employee's
departure on maternity leave, her immediate supervisor should forward
to the Department of Human Resources a copy of the following forms:
and signed Form P-47.
- Cumulative Record
of Sick and Vacation Leave Earned and Taken Each Month (Form LR-3)
- Personnel Recommendation
- Upon return to work, the
employee must provide to her supervisor and the Department of Human
Resources a physician's statement to certify her ability to return
to work on a specific date. This statement should not be dated earlier
than one week prior to the effective date when the employee is physically
able to resume her duties.
- If the employee decides
not to return to work, she must notify her supervisor as soon as possible
after the decision is made.
- In the event an employee
does not return to work or fails to notify her supervisor regarding
such decision by the approved date, action will be taken to terminate
employment immediately thereafter.
- If there is a change in
the employee's physical condition while on leave that would change
the return to work date, a revised physician's statement should be
provided to the supervisor and the Department of Human Resources.
- In any case of doubt concerning
the employee's ability to perform her assigned duties during pregnancy,
the University reserves the right to refer her to its physician for
a medical determination.
- Using Accrued Sick and Vacation
Leave (See also Sick and Vacation Leave Policies)
- Accrued Sick
- An employee
placed on maternity leave who has been declared by her physician
as temporarily disabled may begin to exhaust any accrued sick
leave or may elect to retain it. Such sick leave would begin on
the first regularly scheduled workday she is absent due to any
- Sick leave may be
exhausted only during the period of temporary disability as documented
by her physician on Form P-47.
- If an employee on
maternity leave resigns prior to the end of her period of temporary
disability and before exhausting all accrued sick leave, any remaining
sick leave shall not be exhausted after date of notification of
- Accrued Vacation Leave
- Subject to
approval of the department head the employee may exhaust accrued
vacation leave prior to or after any period of temporary disability
due to pregnancy.
- After exhausting accrued
sick leave, the employee may use any accrued vacation leave or
may retain all or part of any remaining vacation leave while on
- If accrued sick leave
is not available for use during all or part of a period of temporary
disability due to pregnancy, the employee may exhaust any accrued
vacation leave or be placed on maternity leave without pay.
- If an employee on
maternity leave resigns, any remaining unused vacation leave will
be paid in a lump sum.
- Leave Without Pay (also
applies to Paternity Leave & Adoption Leave)
- The employee
shall apply in writing to his/her supervisor for leave without
pay. The employee is obligated to return to duty within or at
the end of the time granted. If the employee will not return to
work, the department head or supervisor should be notified immediately.
Failure to report at the expiration of a leave of absence, unless
an extension has been requested, may be considered as a resignation.
- The decision to grant
leave without pay and the amount of time granted is an administrative
one for which the department head must assume full responsibility.
Any period of leave without pay beyond six months must also be
approved by the Department of Human Resources. Parental leave
shall be administered in a manner that is equitable to all of
its employees. Factors to consider are needs of the employee requesting
leave, workload, need for filling employee's job, chances of employee
returning to duty, and the obligation of the agency to reinstate
employee to a position of like status and pay. Reinstatement to
the same position or one of like seniority, status and pay must
be made upon the employee's return to work unless other arrangements
are agreed to in writing. If it is necessary to fill a position
vacated by leave without pay, the position may be filled by a
temporary or time-limited permanent appointment, whichever is
- Reinstatement Rights
- An employee returning
from maternity leave will normally be:
to the position and duties previously held at the time the maternity
leave began or;
- Offered another position
with similar status and pay, if her previous position is not available
for justifiable, non-discriminatory reasons such as elimination
of the function.
- Any proposal that would
assign an employee returning from maternity leave to a position or
duties different from that held at the time maternity leave began
must be approved in advance by the Director of Human Resources to
insure compliance with State-Federal laws and regulations.
- Paternity Leave
- The natural father may request
parental leave. If approved, he may use accumulated sick leave during the
period of the mother's disability, or he may request to use vacation leave
or leave without pay. Any leave requested outside of the period of disability
must be by use of vacation leave or leave without pay.
- In order to verify the actual
period of temporary disability of the natural mother, the employee must
have his spouse and her doctor complete form P-47.
- Adoption Leave
- It is a State policy that the
University recognize the needs of parents when they adopt children under
five years of age and that employees be granted "adoption leave" without
- This type of leave shall be
granted to permanent, probationary or trainee employees upon request normally
not to exceed a six month period. Such leave can begin no earlier than one
week prior to the date the parent(s) receive(s) custody of the child. The
employee must be reinstated to the same position or one of like seniority,
status, and pay upon his/her return to work.
- The employee shall apply in
writing to his/her supervisor for "adoption leave" and present evidence
of an adoption. The employee is obligated to return to duty within or at
the end of the stated time. If the employee is unable to return for work,
he/she should notify the department head immediately. Failure to report
at the expiration of a leave of absence, unless an extension has been requested
and approved, may be considered a resignation.
- The employee may exhaust all
or part of any accumulated vacation leave before entering a leave of absence
without pay. If the employee does not wish to exhaust any or part of accumulated
vacation leave, it may be retained for future use.
Permanent, probationary, and trainee
employees are entitled to leave with pay when serving on a jury or when subpoenaed
as a witness. It is the responsibility of the employee to inform the supervisor
when the duty is scheduled and the expected duration.
- Jury Duty
- An employee who serves on a
jury is entitled to leave with pay and regular compensation plus fees received
for jury duty. The employee should report back to work as soon as jury duty
is completed. If jury duty occurs on a scheduled day off, he/she is not
entitled to additional time off.
- When a second shift employee
serves on a jury, he/she will not be required to work on the day that jury
duty occurs. When a third shift employee serves on a jury, he/she will not
be required to work the third shift that begins on the day prior to the
day that jury duty occurs. This applies to all employees regardless of the
length of the shift.
- Court Attendance
- When an employee
attends court in connection with official duties no leave is required.
Fees received as a witness while serving in an official capacity shall
be turned in to the University Business Office. (If court is on a day
that would normally be an off-day, the time is to be considered as working
time and included in the total hours worked per week.)
- When an employee is subpoenaed
or directed by proper authority to appear as a witness, civil leave with
pay shall be granted. Any fees received shall be turned in to the University.
The employee may use vacation leave rather than take civil leave with
pay in which case any fees received may be retained. (This is not considered
as work time.)
- An employee who is a party
(plaintiff or defendant) in a court procedure is not considered as a "witness";
therefore, vacation leave must be used, or leave without pay, for purpose
of attending court.
- Leave With Pay
Any full-time or part-time permanent, trainee, or probationary employee who
is a member of a Reserve Component of the U.S. Armed Forces shall be granted
military leave with pay for certain periods of active duty for training or
state military duty in accordance with N.C. General Statute 127A-116.
Reserve Components of the U.S. Armed Forces are the National Guard, the Army
Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve,
and the Coast Guard Reserve. The National Guard is unique among the Reserve
Components in that it has a dual role, serving both as a Federal Reserve Component
and as the State Militia. In its role as State Militia, the North Carolina
Army and Air National Guard respond to the Governor as Commander-in-Chief,
and serve as the military arm of State Government.
- Periods of Entitlement
for all Reserve Components - Military leave with pay shall be granted
for up to 120 working hours (prorated for part-time employees) during
the Federal fiscal year, beginning October 1 and ending on September 30,
for any type of active military duty for members not on extended active
Regularly scheduled unit training assemblies occurring on weekends and
referred to as "drills." Although these periods do not normally require
military leave, the employing agency is required to excuse an employee
for all regularly scheduled military training duty. If necessary the employee's
work schedule shall be appropriately rearranged to enable the employee
to attend these mandatory training assemblies. The department head may
require the employee to provide a unit training schedule which lists training
dates for a month or more in advance. Military leave with pay (as described
above) or vacation may be used if "drills" occur on weekdays. (Explanatory
Note: Drills occur on Saturdays and Sundays. For most employees these
are non-workdays, or schedules are rearranged so that these days are non-workdays,
therefore, requiring no leave. If, however, an employee is scheduled for
an activity, such as taking a convoy to a specific site, and is required
to leave on a Friday, the employee may be allowed to use military leave
with pay for that time.)
An employee shall be granted necessary time off when the employee must
undergo a required physical examination relating to membership in a reserve
component without charge to leave.
- Additional Periods of Entitlement
for National Guard Only - Military leave with pay shall be granted for
infrequent special activities in the interest of the state, usually not
exceeding one day, when so authorized by the Governor or his/her authorized
representative. Also, active state duty (domestic disturbances, disasters,
search and rescue, etc.) for periods not exceeding thirty consecutive
calendar days. For periods in excess of thirty days, employees are entitled
to military leave with differential pay between military pay and regular
State pay if military pay is the lesser.
Military leave for active State duty is to be considered separate from
and in addition to all other authorized forms of military leave.
- Employees shall not be entitled
to military leave with pay for the following periods:
- Duties resulting
from disciplinary actions imposed by military authorities.
- For unscheduled or incidental
military activities such as volunteer work at military facilities
(not in duty status), unofficial military activities, etc.
- For inactive duty training
(drills) performed for the convenience of the member, such as Equivalent
Training (ET), split unit assemblies or make-up drills, etc.
- During the period of military
leave with pay, the employee will not incur any loss of State service
or suffer any adverse service rating. The employee will continue to earn
and accumulate sick and vacation leave, Total State Service credit, and
receive any promotion or salary increase for which he or she might be
- Proof of Required Military
Any employee who is eligible to receive military leave with pay must present
to his or her supervisor or department head a copy of his or her orders
or other appropriate documentation certifying performance of required
military duty. This documentation should be attached to the Cumulative
Record of Sick and Vacation Leave Earned and Taken Each Month (Form LR-3).
This will be forwarded to the Department of Human Resources at the end
of the calendar year.
- Military Leave Without Pay
Military leave without pay shall be granted for certain periods of active
duty to include attendance at service schools. Except for extended periods
of active duty (covered in a later section) the employee may use all or part
of his/her 120 hours annual military leave (prorated for part-time employees)
with pay or regular vacation leave in lieu of or in conjunction with military
leave without pay.
- Attendance at Service
Military leave without pay shall be granted for attendance at service
schools when such attendance is mandatory for continued retention in the
military reserve component.
For purposes other than retention, military leave without pay may be granted
employees for attendance at resident military service schools. However,
when the employee is required by a reserve component to attend a resident
specialized course because the course is not available by any other means
(i.e., correspondence course, USAR school, etc.) military leave without
pay shall be granted. To verify that such a course is mandatory the agency
may contact the Office of the Adjutant General, North Carolina National
Guard, Attn: Vice Chief of Staff-State Operations.
- Attendance at Initial Active
Duty Training under the Reserve Enlistment Program of 1963 (REP-63). The
employee may use all or part of his/her 120 hours military leave with
pay or regular vacation leave or a combination of the two in lieu of military
leave without pay.
- Extended Active Duty - Leave
without pay shall be granted, as outlined below, for periods of active
duty in the armed forces of the United States. Use of military leave with
pay is not authorized upon entry into extended active duty.
- Armed forces
or active military service defined - Army, Navy, Air Force, Marine
Corps, Coast Guard.
- Extended active duty defined
- That period of time for which an employee is ordered to active military
service under the following circumstances:
- On voluntary
enlistment or entry into any of the active military services for
a period not to exceed four years plus, any period of additional
service imposed pursuant to law, any time during the employee's
career as a State Employee.
- All such enlistments
or entries into active military service during a declared State
or national emergency or during time of war.
- Upon call-up (mobilization)
or order to Federal active duty for an employee in or one of the
- Induction into active
military service via Selective Service conscription.
- Leave without pay shall
be provided for a period up to 30 days between leaving State service
and entering active duty if desired by the employee and if the delay
is not due to the employee's own fault to allow the employee to settle
any personal matters.
- The employee will present
to the supervisor or department head a copy of orders to report for
active duty, will indicate when the leave is to begin and probable
date of return. It is the employee's responsibility to apply for reinstatement
within ninety days from date of release from active duty and/or to
inform his/her department head if a decision is made not to return
to State employment.
- Leave without pay shall
be provided for any period of involuntary extension of an enlistment
which originally was made for four years or less when such extension
was not voluntary or due to the fault of the employee. Employees may
be required to provide evidence that such extensions were involuntary.
- Leave without pay shall
be provided for extensions of enlistments due to hospitalization for
service connected injury or illness. Military leave without pay shall
be permitted for that period certified by the attending physician
as required for adequate recuperation for release from active duty
and return to State employment. In addition, the employee shall be
entitled to leave without pay for the period from time of release
from military service until actually reinstated in State employment.
This benefit is contingent upon the employee applying for reinstatement
within 90 days of release from active military service after any such
- Retention and Continuation
of Benefits - The employee may choose to have accumulated vacation leave
paid in a lump sum, may exhaust this leave, or may retain part or all
of accumulated leave until return to State service. The maximum accumulation
of 240 hours applies to lump sum payment. The employee shall retain all
accumulated sick leave and continue to earn time toward Total State Service.
The employee is entitled to retirement service credit for all active duty
service in the armed forces for which discharge, release, or separation
was under honorable conditions. Under this provision, credit is received
for such service upon filing with the Teachers' and State Employees' Retirement
System a copy of the service record showing dates of entrance and separation.
(In addition, the retirement membership service is available to employees
who return to State employment within a period of two years after the
earliest discharge date, or any time after discharge and who have earned
ten or more years of membership service in the Retirement System.) Voluntary
enlistments following the earliest discharge are not creditable.
- Reinstatement From Military
Leave Without Pay - Employees on leave without pay who are separated or
discharged from military service under honorable conditions and who apply
for reinstatement within the established time limits shall be reinstated
to the same position or one of like status, seniority, and pay with the
same department where previously assigned or within the University when
prior arrangements have been made. If, during military service, the employee
is disabled to the extent that the duties of the original position cannot
be performed, the employee shall be reinstated to a position with duties
compatible with a disability.
The employee's salary upon reinstatement shall be the same as when placed
in a military leave without pay status plus any general salary increase
effected during military leave. In no case will the reinstated employee's
salary be less than when placed in a military leave status.
Military experience may be considered as qualifying a reinstated "trainee"
employee for "permanent" status if it can be determined that military
experience was directly related to development in the area of work to
be performed in State position. This same qualifying criteria may also
be applied in the case of trainee adjustments. 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.
- Other Periods of Entitlement
- 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 training authorized by the Air Force or emergency
missions for the State as authorized by the Governor or 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, Department of Crime Control
and Public Safety. Regularly scheduled unit training assemblies, usually
occurring on weekends are not acceptable for military leave with pay,
however, department heads 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 conditions described
below are State employees who are members of the State Defense Militia
entitled to military leave with pay. Under these conditions an employee
may be granted military leave not to exceed 120 hours (prorated for part-time
employees) during any calendar year.
- Infrequent special
activities in the interest of the State, usually not exceeding one
day, when so ordered by the Governor or his/her authorized representative.
- State duty for missions
related to disasters, search and rescue, etc., again, only when ordered
by the Governor or his/her authorized representative.
- State 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 with pay, however, department heads 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).
Educational Leave Without Pay
- Leave without pay may be granted
to a full-time or part-time permanent SPA employee for educational purposes
which will better equip the employee for the performance of duties and responsibilities.
It cannot exceed twelve months, and it will be granted only when recommended
by the department head. As in the case of other types of leave without pay,
any duration beyond six months must be approved by the Director of Human Resources.
- The department head should consider
such factors as workload, the availability of a replacement who could perform
the required duties, whether or not the employee would return and if it would
create any internal problems.
- If educational leave without pay
is recommended, the department head should forward a letter or memorandum
of justification to the Department of Human Resources accompanied by a Personnel
Recommendation (Form P-18) and the Cumulative Leave Record (Form LR-3) for
separation of the employee.
Situations may arise due to adverse
weather which will create difficulty for SPA employees to report to work or
make it advisable that they leave work early.
The Chancellor, or his designated
representative, will determine to what extent operations will be suspended or
temporarily curtailed. Departments cannot suspend or temporarily close operations
and allow SPA employees to leave the work area and continue to be paid work
time. Please remember that only the Chancellor has the authority to officially
close the campus and excuse absences.
See ECU Human Resources Web Site for further details.
Other Types of Leave Without Pay
Leave without pay may be granted
to a full-time or part-time permanent, trainee or probationary employee for
vacation purposes, for education purposes, or for other reasons deemed justified
by the department head and approved by the Vice Chancellor. (Leave without pay
for military purposes, Family and Medical Leave, and Workers' Compensation,
is covered under these respective policies.)
- Extended leave without pay is
defined as leave in excess of one-half the workdays in the month. A Personnel
Recommendation (Form P-18) must be submitted to the Department of Human Resources
to place the employee in leave without pay status.
- Leave without pay normally shall
not exceed six months, but may be extended based on individual circumstances.
Extension of leave without pay beyond six months must be approved by the
Director of Human Resources. Any leave longer than twelve months must be
approved by both the Director of Human Resources and the State Personnel
- The employee shall apply in
writing to his/her supervisor for leave without pay. The employee is obligated
to return to duty within or at the end of the time granted. If the employee
will not return to work, the department should be notified immediately.
At least thirty days prior to the end of the leave the employee must provide
written notice of intention to return to work; otherwise, the University
is not required to provide such reinstatement but may do so if feasible.
Failure to report at the expiration of a leave of absence, unless an extension
has been requested, may be considered as a resignation.
- The decision to grant leave
without pay is an administrative one for which the department head must
assume full responsibility. Factors to consider are needs of the employee
requesting leave, workload, need for filling employee's job, chances of
employee returning to duty, and the obligation of the University to reinstate
the employee to a position of like status and pay. It is the responsibility
of management to administer leave without pay in a manner that is equitable
to all employees. Reinstatement to the same position or one of like seniority,
status and pay must be made upon the employee's return to work unless other
arrangements are agreed to in writing. If it is necessary to fill a position
vacant by leave without pay, the position may be filled by a temporary or
time-limited permanent appointment, whichever is appropriate.
- The employee shall retain all
accumulated unused sick leave and retirement status. Eligibility to earn
leave ceases on the date leave without pay begins except in cases where
an employee is drawing Workers' Compensation.
Accumulated vacation leave may be exhausted before going on leave without
pay or the employee may choose to retain part or all of accumulated leave
until return to State service. However, the following exceptions are provided:
- If an employee
has accumulated vacation leave, all vacation leave must be exhausted
before the employee may go on a leave without pay for vacation purposes;
- If an employee requests
leave for personal reasons for a period not to exceed 10 work days (see
Short Leave Without Pay below), vacation leave must be used if available;
however, if the leave is for a period longer than 10 workdays, the employee
may choose to use vacation leave or retain it for future use.
- If leave without pay extends
through December 31 any vacation leave accumulation above 240 hours will
be converted to sick leave. If the employee does not return to work following
leave without pay, the employee will be paid for any accumulated vacation
leave (up to 240 hours) at time of separation.
- 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).
- Short leave without pay is defined
as leave for less than one-half the workdays in the month. This is used to
account for time that an employee is absent and has no accumulated or advanced
leave credits. The employee must have approval from the supervisor. These
short periods may be docked from the employee's pay check by submitting a
memorandum to the Payroll Office with a copy to the Department of Human Resources.
No Personnel Recommendation Form P-18 needs to be submitted under these circumstances.
The employee earns all benefits for which eligible.
Employees who are absent without approved leave may be subject to disciplinary
action from their supervisor. If an employee is absent without approved leave,
the department head is responsible for determining whether leave without pay
is appropriate or whether the time may be charged to the appropriate leave
account. Short leave without pay may be used in these situations to cover
the status of an employee who has failed to come to work but has not requested
and received approval to take sick or vacation leave.
Workers' Compensation Leave
(Note: Refer to Workers' Compensation Benefits section under Environmental Health
- When an employee is injured on
the job as a result of a compensable accident and loses time from work due
to the injury, the employee shall not be charged leave for time lost from
work on the day of the injury. Employees are expected to return to work unless
the treating physician indicates the employee must go home for the day. (A
written statement must be obtained from the treating physician if the employee
cannot return to work.) In situations where the employee cannot return to
work the employee will be paid full salary for normal working hours on the
day of the injury.
If the injury results in additional time away from work, the employee must
go on workers' compensation leave and receive the workers' compensation weekly
benefit after the waiting period required by G.S. 97-28. One of the following
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 weekly 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.
- Option 3:
Elect to supplement the workers' compensation weekly benefit with the use
of partial earned sick or vacation leave in accordance with the schedule provided
by the Office of State Personnel each year. (This option may be chosen in
addition to 1 and 2 above.)
Note: All elections involving the use of earned sick or vacation leave are
subject to their availability.
Compensatory time may be substituted for sick or vacation leave if applied
within the time frames provided under the Hours of Work and Overtime Compensation
Unused leave may be retained for future use.
Employees injured on the job in a compensable accident who have returned to
work, but continue to require medical or therapy visits to reach maximum medical
improvement, shall not be charged leave for time lost from work for required
medical or therapy treatment. (Paid time should be limited to reasonable time
for treatment and travel; and excess time will be charged as vacation/sick
leave or leave without pay.)
- While on workers' compensation
leave an employee is eligible for continuation of the following benefits:
- Salary Increases:
Upon reinstatement, an employee's salary will be computed based on the
last salary plus any legislative increase to which 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.
- 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 and sick leave 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:
- The 240 hour
maximum to be carried forward to the next calendar 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 calendar year at which time
any excess vacation will be converted to sick leave.
- 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.
- 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.
- 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.
- Longevity: While on workers'
compensation leave, an employee is in pay status and will continue to
receive longevity credit. Employees who are eligible for longevity pay
will receive their annual payments.
(See also Federal Fair Labor Standards Act, Statement 8)
- All SPA employees who are classified
as non-exempt (subject to overtime) under the Federal Fair Labor Standards
Act (FLSA) shall receive overtime pay or compensatory time off at the rate
of time and one-half for all time actually worked in excess of 40 hours per
calendar week. However, it is a policy of the University to give compensatory
time off in lieu of pay when it can be arranged subject to the provisions
of the federal law. The compensatory time off must be taken within one year
from the date the overtime is performed. If this cannot be arranged, the employee
must be paid. Overtime worked shall be recorded and compensated in units of
one-tenth of an hour. It is the responsibility of the department head to determine
whether the employee will be given compensatory time off or be paid for the
overtime. If it is determined that the employee is to be paid for the overtime,
the department head must acquire approval in advance from their respective
Vice Chancellor before the employee proceeds to work the overtime.
- Non-exempt SPA employees who work
excess hours outside of the regular work schedule, but are not at the job
more than 40 hours (paid non-work hours such as a State holiday or leave occurring
within the same week) receive compensatory leave on an hour-for-hour basis.
- The purpose of paid
leave is to maintain an employee's income, not to enhance it. If an employee
works additional hours outside his/her normal schedule in a week in which
he/she also has taken paid vacation, bonus, sick leave, compensatory time
off, equal time off, paid time off, or community service leave, the time
is treated as "make up time" for the time that the employee
was on leave. The number of leave hours originally charged must be reduced
by the number of additional hours worked. The offset is mandatory; the
employee cannot be paid both for the leave time and the additional work
For example, an employee works eight hours each day, Monday, Tuesday,
Thursday, and Friday, and uses eight hours of sick leave on Wednesday.
On Saturday, the employee (with advance management approval) works four
hours. The Saturday hours "offset" the sick leave from Wednesday
on an hour-for-hour basis. The Employee Time Record would show four (not
eight) hours of leave, and four hours of work on Saturday.
- There is no offset of coded
hours for civil leave, military leave, University holidays, or travel
- An employee working in more
than one SPA position is covered by the regulations governing compensation
for overtime if the combined hours worked exceed 40 per week.
- If a non-exempt SPA employee
separates from State service, leaves the University, or transfers to another
department prior to taking all compensatory time, such time will be paid by
the separating department.
- The State Personnel Commission
allows the Chancellor the option to designate a holiday schedule that becomes
the official schedule for all eligible East Carolina University employees.
This schedule shall not be altered or changed by any University official without
written consent from the Chancellor. The University holidays will not always
coincide with the calendar dates designated for State employees assigned elsewhere.
- The Vice Chancellor for Business
Affairs will announce to all SPA employees prior to the beginning of a new
calendar year the holidays that University employees will observe during the
new year. Two holiday schedules are established at the University to meet
operational needs, particularly the School of Medicine, as determined by the
- It is recognized that some departments
may need to adopt an additional holiday schedule applicable to their employees
working on assigned shifts in maintaining a twenty-four hour operation. This
schedule, subject to approval by the Vice Chancellor for Business Affairs,
would designate as holidays the specific dates of the legal observances rather
than substitute weekdays when the observance occurs on Saturday or Sunday.
This would be in keeping with the purpose of the holiday premium pay policy.
- The State Personnel Commission
generally observes 11 or 12 holidays each calendar year as follows:
- New Year's Day
- Martin Luther King, Jr's Birthday
- Good Friday
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving (2 days)
- Christmas (3 days)
- Employees are granted eight hours
away from work for each of these days except where operational needs require
work on a designated holiday. Permanent part-time employees receive holidays
on a prorated basis. Temporary employees are not eligible for paid holidays.
- Upon separation from state employment,
i.e., after the actual last day of work in the case of permanent separation
or after the last day in pay status in the case of a leave of absence, employees
cease to be eligible for holiday pay. Exception: When the last day of the
month is a holiday and the employee is in pay status through the last available
workday, the employee will be compensated for the holiday.
- When an adjusted work schedule
has been established and a holiday falls on a workday which exceeds eight
hours, additional hours for the workday must either be worked at some other
time during that workweek or charged to vacation leave to equalize holiday
- It is State policy to reasonably
accommodate the religious practices of an employee concerning holidays unless
such accommodation would result in undue hardship in the conduct of the University's
business operations. Three of the eleven holidays provided are regarded as
religious holidays. An employee wishing to observe different religious holidays
may request a "holiday exchange" under which the employee would perform work
on a holiday observed by the University in exchange for a day off to accommodate
the employee. This request must be made in writing and is subject to approval
by the Chancellor. Such requests will be approved only if arrangements can
be made for employees to work. If, however, no work can be made available
on these days because of logistical reasons (offices closed to the public,
no supervision available, no security available, etc.) the department head
should arrange work schedules so that an employee may take vacation leave
when requested for such religious observances. No request for vacation leave
should be denied unless it would create an emergency condition which cannot
be prevented in any other manner.